THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 

LOS  ANGELES 


LETTERS  AND  OTHER  WRITINGS 


OF 


JAMES   MADISON. 


VOL.  I. 


LETTERS 


AND  OTHER  WRITINGS 


OP 


FOURTH  PRESIDENT  .OF  THE  UNITED  STATES. 
IN  FOUR  VOLUMES. 

PUBLISHED  BY  ORDER  OF  CONGRESS. 

VOL.  I. 
1769-1793. 


PHILADELPHIA: 
J.   B.   LIPPING  OTT  &   CO, 

1865. 


Entered  according  to  act  of  Congress,  in  the  year  1865,  by 
J.  B.  LIPPINCOTT  &  CO., 

in  the  Clerk's  Office  of  the  District  Court  of  the  United  States  for  the  Eastern  District 
of  Pennsylvania. 


ADVERTISEMENT. 


ON  the  3rd  of  March  1837,  Congress  appropriated  $30,000 
for  the  purchase  of  the  MSS.  of  MB.  MADISON  referred  to  in  a 
letter  from  Mrs.  Madison  to  the  President  of  the  United  States, 
dated  15  November,  1836* 

On  the  14th  of  October  1837,  Congress  passed  an  Act  grant 
^  ing  to  Mrs.  Madison  the  right  to  publish  in  foreign  countries, 
„>  for  her  own  benefit,  her  husband's  MS.  Debates  of  the  Con- 
£  vention  of  1787.f 

1  On  the  9th  of  July  1838,  Congress  passed  an  Act  authoriz- 
,ing  the  Library  Committee  to  cause  the  Madison  Papers  to  be 
printed  and  published,  and  appropriating  $5,000  for  the 
purpose.  $ 

Those  Papers  were  accordingly  published  in  three  vols.  8vo., 

2     Washington  1840,  printed  by  Langtree  and  O'Sullivan.     They 

";      contain  MR.  MADISON'S  Eeports  of  Debates  during  the  Congress 

of  the  Confederation,  [1782,  1783,  and  1787,]  and  in  the  Federal 

5      Convention  of  1787 :    Also  letters  to  General  Washington,  Mr. 

$      Jefferson,  Mr.  Eandolph,  Mr.  Pendleton,  and  Mr.  Joseph  Jones, 

£      and  a  few  other  letters,  written  during  the  period  covered  by 

those  Eeports.    [Vol.  I.  pp.  43  —  186,  469  —  580.    Vol.  II. 

pp.  615  — 682.] 

On  the  31st  of  May  1848,  Congress  passed  an  Act  appropri- 

*  President's  Message,  December  6,  1836.    Madison  Papers,  I.  xvi,  xvii. 
t  Statutes  at  Large,  v.  205.  J  Stat  L.  v.  309. 

B  (v) 

432582 


yi  ADVERTISEMENT. 

ating  $25,000  to  purchasing  from  Mrs.  Madison  all  the  unpub- 
lished MSS.  of  her  husband,  etc. ;  James  Buchanan,  John  Y. 
Mason,  and  Kichard  Smith,  to  be  trustees  to  hold,  etc.,  $20,000 
for  her.* 

On  the  18th  of  August  1856,  Congress  appropriated  $6,000 
to  printing  and  publishing  1,000  copies  of  the  Papers  of  MB. 
MADISON,  then  in  the  State  Department,  under  the  direction  of 
the  Joint  Committee  on  the  Library  of  Congress.f 

The  publication  now  made  under  the  last  mentioned  Act,  is 
in  four  vols.  8vo.  and  contains  letters  of  MR.  MADISON,  from  1769 
to  1836,  being  a  period  of  more  than  sixty  seven  years.  A  few 
only  of  these  letters  are  contained  in  the  three  volumes  publish- 
ed in  1840. 

To  the  papers  referred  to  in  the  Act  of  18  August  1856,  the 
Library  Committee  have,  in  the  present  publication,  made  some 
additions.  Among  them  are  ME.  MADISON'S  celebrated  "  Exam: 
ination  of  the  British  doctrine,  &c.,  &c.,"  written  in  1806 ;  his 
pamphlet  entitled  "  Political  Observations,"  published  in  1795  ; 
some  Essays,  chiefly  political,  published  in  1791  -  '92 ;  the 
Virginia  proceedings  of  1798,  &c.,  which  became  a  frequent 
subject  of  exposition  with  him  in  his  later  years.  The  Com- 
mittee have  also  been  enabled,  through  the  courtesy  of  Mr. 
James  C.  McGuire  of  Washington  City,  to  add  from  originals 
in  his  possession,  MR.  MADISON'S  statements  in  relation  to  Sec- 
retaries Smith  and  Armstrong ;  his  apologue  of  "  Jonathan  and 
Mary  Bull ; "  his  memorandum  of  Bollman's  interview  with 
President  Jefferson,  concerning  Burr's  conspiracy ;  his  letter  on 
Napoleon's  return  from  Elba ;  his  note  for  the  Princess,  now 
Queen,  Victoria ;  and  his  "Advice  to  my  Country." 

*  Btat  L.  ix.  235.  f  Stat.  L.  xi.  117. 


ADVERTISEMENT.  vii 

The  Chronological  order  of  arrangement  has  been  preferred, 
as  being,  on  the  whole,  the  most  convenient.  Any  advantages 
of  other  plans  are  supposed  to  have  been  secured  by  the  inser- 
tion of  an  analytical  table  of  Contents  and  an  Index  of  letters 
for  each  volume,  with  a  copious  General  Index  to  the  whole 
work. 


CONTENTS    OF   VOL.   I. 


PAGE. 

1769.— [P.  1—3.] 

To  Rev.  Thomas  Martin.    Nassau  Hall,  Aug.  16                  -           -  1 
Friendly  salutations.  President  Blair's  account  of  the  College  of  New 
Jersey.    "  Britannia's  Intercession  for  John  Wilkes."    Prospect  of 

College  life.    Approaching  examination        ...           -  1 

To  James  Madison.    Nassau  Hall,  Sept.  30  -  2 

Commencement.    Degrees  confirmed.    Honorary  degrees  2 
Exercises,  College  honors,  choice  of  tutors,  &c.           -           -           -     2,  3 

1770.— [P.  4.] 

To  James  Madison.    Nassau  Hall,  July  23   -  4 
Letter  of  New  York  Merchants  burnt  by  the  students  in  College  yard. 

Increase  of  students     -                      .....  4 

1771.— [P.  4,  5.] 

To  James  Madison.    Princeton,  Oct.  9         -----  4 

Dr.  Witherspoon's  visit  to  Virginia        -           ....  4 

1772.— [P.  5—7.] 

To  William  Bradford,  Jun.    Orange,  Va.,  Nov.  9    -           -           -           -  5 

Moral  and  religious  considerations        -                       ...  5 

Infirm  health.    History  and  the  science  of  morals.    Fops  6 
Is  teaching  his  brothers  and  sisters.    Personal  allusions         -           -     6,  7 

1773.— [P.  7—10.] 

To  William  Bradford,  Jun.    Orange,  Va.,  April  28  7 
Punctiliousness  in  correspondence.    "Candid  remarks."    Freneau's 

works,  &c.,  &c.                                                           ...  8 

To  William  Bradford.    Orange,  Va.,  Sept.  6  9 

Mr.  Erwin's  discourse,  &c.                                 -                      -           -  10 

1774.— [P.  10—17.] 

To  William  Bradford,  Jr.    Jan.  24   -                                  ...  10 

Proceedings  in  Philadelphia  with  regard  to  the  tea     -           -  10 
Obduracy,  &c.,  of  the  Governor  of  Massachusetts.    Evils  of  ecclesias- 
tical establishments.    History,  belles  lettres,  <fcc.,  &c.                     - 10,  11 

Mr.  Brackenridge.    Manners,  &c.    Virginia.    Persecution      -           -  12 

To  William  Bradford,  Jr.    Virginia,  Orange  County,  April  1         -  13 
Mr.  Brackenridge 's  illness.    Religious  liberty.    The  Clergy    -           - 13,  14 

Caspapini's  letters.    Correspondence  of  friends                                  -  15 

ix 


x  CONTENTS    OF    VOL.    I. 

PAGE. 
1774.— Continued. 

To  William  Bradford,  Jr.    July  1     -  15    I/ 

Public  affairs.    Indians.    Sympathy  in  Virginia  with  the  people  of 

Boston.    Rumor  concerning  Gov.  Gage 
The  fast  and  the  Scotch  clergymen.    Dean  Tucker's  tracts     - 

1775.— [P.  17—20.] 

To  William  Bradford.    Virginia,  Orange  County,  January  20 
Brackenridge's  poem 

Preparations  for  defence.    The  Quakers  -  18,  19 

Logan's  speech.    Rev.  Moses  Allen       -  -  -  - 19,  20 

1776.— |P.  21— 28.J 

To  James  Madison.    Williamsburg,  June  27 

The  Convention.    Rumor  of  maritime  aid  to  Dunmore  -        21 

COPY  OF  THE  DECLARATION  OF  RIGHTS,  AS  REPORTED  BY  THE  SELECT  COMMIT- 
TEE OF  THE.  VIRGINIA  CONVENTION  OP  1776  -  -  -        21 

DRAFT  OF  A  PLAN  OF  GOVERNMENT  FOR  VIRGINIA        -  -          -          -       24 

1777.— [P.  28—30.] 

To  James  Madison.   Orange,  March  -  28 

Case  of  Benjamin  Haley,  arrested  for  seditious  language         -  28 

1778.— [P.  30—32.] 

To  James  Madison.    Williamsburg,  January  23       -  -  -  30 

Dissuasion  from  resigning  Lieutenancy  of  the  County  -  30 

To  James  Madison.    Williamsburg,  March  6  -  ol 

Effect  in  England  of  Burgoyne's  surrender.  Rumored  rescue  of  pris- 
oners by  a  New  England  privateer.  Arrival  of  a  cargo  from  Nantes. 
Treaty  expected  -  31 

1779.— [P.  32,  33.] 

To  Col.  James  Madison.    Williamsburg,  December  8  -        32 

Requisitions  from  Congress.    Proposed  tax  on  tobacco,  &c.    Prices  -        32 
Suggestions  for  the  instruction  of  a  younger  brother.  College  arrange- 
ments.   Bear  skins,  &c.  -        33 

1780.— [P.  34—41.] 

To  Col.  James  Madison.    Philadelphia,  March  20    -  -  34 

Depreciation  of  the  paper  currency.    Financial  scheme          -  -  34 

To  Edmund  Pendleton.    Philadelphia,  October  3   -  -  34 

Reported  proceedings  of  Spain.    Arnold's  treason       -  -  35 

To  Edmund  Pendleton.    Philadelphia,  October  10  -  -  35 

Military  movements.  Rodney.  Ternay.  Guichen.  Execution  of  Andre". 

Smith.    Arnold  ...  36 

— To  Edmund  Pendleton.    Philadelphia,  November  14         -  -  -  37 

Information  from  New  York.    Destruction  of  Schoharie.    Exchange 

of  prisoners.    Gen.  Washington.    Rumors     -  -  -  -  37 


CONTENTS    OF    VOL.    I.  XJ 

PAGE. 

1780.— Continued. 

••"To  Edmund  Pendleton.    Philadelphia,  No^.  21       -  38 
Embarkation  at  New  York.    Supposed  purposes  of  the  enemy           -  38 
Information  from  J.  Adams.    Reported  death  of  Gen.  Woodford        -  38,  39 
To  Edmund  Pendleton.    Philadelphia,  December  5  39 
Letters  from  Jay  and  Carmichael.    Portugal,  France,  Spain  -  39 
Tempest  in  the  West  Indies.    Its  effects                        -  40 
To  Edmund  Pendleton.    Philadelphia,  December   -                                  -  40 
Partial  accession  of  Portugal  to  the  neutral  league      -           -  40 
Removal  of  Sartine,  Minister  of  French  Marine.  Succeeded  by  De  Cas- 
tries.   Laurens  committed  to  the  Tower        -  41 

1781.— [P.  41—58.] 

To  Edmund  Pendleton.    Philadelphia,  January  23  -  -  41 

Discontents  among  the  German  troops  in  New  York.    Rumored  pro- 
ject of  British  Ministry                                               -           -  41 
France  and  Spain.    Arnold's  irruption  -                                              -  42 
To  Edmund  Pendleton.    Philadelphia,  February    -           -           -           -  42 
Proposed  exchange  of  C.  Taylor. .  Admiralty  Department      -           -  42 
Preparations  of  the  enemy                                 -           -           -  43 
To  Edmund  Randolph.    Philadelphia,  May  1                                                -  43 
Mr.  Jefferson,  and  the  defence  of  the  title  of  Virginia  -                       -  43 
To  Philip  Mazzei.    Philadelphia,  July  7       -                       -                       -  44 
Summary  of  military  events  since  1779.    Siege  of  Charleston.    Battle 

of  Camden        -  44 
Recall  of  Gates.    Succeeded  by  Greene.    Morgan  defeats  a  detach- 
ment of  Cornwallis's  best  troops.    Cornwallis's  pursuit  and  retieat. 
Battle  with  Greene.  Recovery  of  posts  in  South  Carolina.  Greene's 
operations.    Progress  in  the  redemption  of  Georgia                        -  45 
Cornwallis's  advance  into  Virginia.    Arnold.    Fayette.    Cornwallis 
at  Chesterfield.    Tarleton's  expedition.    Its  full  object  defeated. 
Governor  Jefferson  declines  a  re-election.    Nelson  elected  Gov- 
ernor.   Tarleton's  retreat.    Retreat  of  Cornwallis  to  Richmond,  and 
thence  to  Williamsburg.    Fayette 's  pursuit.    Bellini                       -  46 
-^^.-Conjectured  movements  in  the  Northern  Department.  Financial  vicis- 
situdes.   Depreciation  of  old  Continental  bills                                 -  47 

Probable  financial  improvement.    R.  Morris.    Great  advantage  of  the 

naval  superiority  of  the  enemy  -  -  48 

Barbarities  of  the  enemy  in  the  Southern  States.    Moral  effect  -  49 

To  Col.  James  Madison.    Philadelphia,  August  1    -  -  50 

Russian  offer  of  mediation.    Gen.  Washington's  operations     -  -  50 

Rumor  of  a  proposed  evacuation  of  Virginia.    Speculators.    Prices  -  50,  51 

To  Edmund  Pendleton.    Philadelphia,  Sept.  18  -  51 

Rumors.    De  Banes.    Digby.   Arnold's  blow  on  New  London.    Selfish 

projects  of  Spain.    Washington.    Rochambeau        -  -  51 

Advantages  of  Washington's  presence  in  Virginia       -  -  52 


xii  CONTENTS    OF    VOL.    I. 

PAGE. 

1781. — Continued. 

To  Edmund  Pendleton.    Phila.,  October  2  - 

Speech  of  C.  J.  Fox,  &c.    Intelligence  from  N.  York  - 

Digby.    Impending  fate  of  Cornwallis.     Information  from  Europe. 

Objects  deserving  attention  from  the  legislature  of  Virginia 
To  Edmund  Pendleton.    Phila.,  October  9  - 

Property  of  Virginia  seized  by  Nathan 

To  Edmund  Pendleton.    Phila.,  October  16  -       54 

Defence  of  Mr.  Jay.    Situation  of  Cornwallis.   Case  of  Nathan  against 

Virginia 

To  Edmund  Pendleton.    Phila.,  Nov.  27  -       56 

Arrival  of  Gen.  Washington.  Virginia  proportion  of  men.  Proceed- 
ings in  the  Virginia  Assembly  on  Territorial  cessions.  Influence  of 
British  reverses  on  the  question  of  peace  -  -  56 

To  Edmund  Pendleton.    Phila.,  Dec.  11     -  57 

Harrison  elected  Governor  of  Virginia.     Letters  and  obliquity  of 

Deane.    Proceedings  of  Congress.  .Requisitions  on  the  States       -       57 
To  Edmund  Pendleton.    Phila.,  Dec.  25  -       58 

Commodore  Johnson's  capture,  &c.,  of  Dutch  vessels.  Jefferson's  hon- 
orable acquittal,  abilities,  and  patriotism  -  58 

1782.— [P.  58—61.] 

To  James  Madison.    February  12     -  -       58 

Remittances,  books,  &c.  -  59 

To  Col.  James  Madison.    Phila.,  March  30  -  59 

Conjectured  plans  of  British  Ministry    -  59 

To  James  Madison.    Phila.,  May  20  -  60 

Rivington's  spurious  publications.     William  Madison.     Jefferson's 

election  to  the  Virginia  legislature     -  -           -        60 

Continental  money.    Public  duties,  &c.  -  60,  61 

1783.— [P.  61—66.] 

To  James  Madison.    January  1         -  61 

Negotiations  for  peace.    Oswald  -        61 

To  James  Madison.    Phila.,  February  12     -  61 

Rumors  concerning  peace.    FjilLin  price  of  imported  goods  -           -        61 

To  Thomas  Jefferson.    Phila.,  February  11  -  -        62 

Anecdote  concerning  Franklin  and  A.  Lee.  Jefferson's  detention  at 
Annapolis.  Proceedings  of  Congress.  Valuation  of  the  land  -  62 

J.  Adams.    Franklin.    E.  Randolph      -  63 

To  Gen.  Washington.    Phila.,  April  29         -  64 

McHenry's  merits,  &c.     -  -                    64 

To  James  Madison.    Phila.,  May  27  -  64 

Books.    J.  Chew.    Progress  of  the  definitive  treaty,  &c.  -  64,  65 

To  James  Madison.    Philadelphia,  June  5    -           -           -  -           -        65 

Newspapers.    Pamphlet  of  Congress  concerning  Revenue  -          -       65 


I 

CONTENTS    OFvVOL.    I. 


. 

1784.— [P.  66—119.] 
To  Edmund  Randolph.    Orange,  March  10  -  66 

Legal  studies.    Coke  Littleton   -  66 

Demand,  by  Executive  of  South  Carolina,  of  a  citizen  of  Virginia      -  66,  67 

The  propriety  of  surrendering  fugitive  offenders.     Chastellux's  work. 
"  A  notable  work,  &c."    [Qu.:  J.  Adams's  Essay  on  Canon  and  Feu- 
dal laws?]        -  -        68 
To  Thomas  Jefferson.    Orange,  March  16     -  68 

Delay  of  the  ratification  of  the  peace.    Question  of  international  law        69 

Questions  as  to  the  competency  of  seven  States  to  a  Treaty  of  peace, 
to  revoke  a  commission,  &c.  Historical  argument  -  -  69,  70,  71 

Parliamentary  meaning  of  "  appropriation."  Unaccountable  error  of 
opinion.  Territorial  cession  -  72 

Effort  of  Pennsylvania  for  Western  Commerce.  Virginia.  Declen- 
sion of  Georgetown  as  a  residence  for  Congress.  Virginia  politics. 
Executive  Council.  Henry.  G.  Mason  -  -  73 

Boundary  between  Virginia  and  Maryland        -  74 

Studies  and  books.  Buffon.  Confederacies.  Bynkershoeck.  Wolfius. 
Hawkins's  Abridgement  of  Co.  Litt.  Deane's  letters  -  75 

Spectacles.  Surrender  of  a  citizen  of  Virginia  demanded  by  the  Ex- 
ecutive of  South  Carolina.  Case  stated,  and  questions  arising 
on  it  -  76 

To  Thomas  Jefferson.    Orange,  April  25      -  .77 

Mazzei.  His  views  towards  a  consulate,  enmity  to  Franklin,  and  fa- 
vorable opinion  of  J.  Adams.  Henry's  present  politics.  Meteoro- 
logical Diary  -  78 

Case  of  the  Potowmac.  Policy  of  Baltimore,  &c.  Proposition  of  Vir- 
ginia to  arm  Congress  with  certain  powers.  Recent  change  in  the 
British  Ministry.  Interrogatories.  Discovery  of  a  subterraneous 
city  in  Siberia.  Equestrian  statue  -  79 

Catharine  2d  and  Buffon  -        80 

To  Thomas  Jefferson.    Richmond,  May  15    -  -        80 

Projected  revisal  of  the  Constitution  of  Virginia.    R.  H.  Lee.    Henry        80 
To  Col.  James  Madison.    Richmond,  June  5  81 

Proceedings  of  the  General  Assembly  of  Virginia  -        82 

NOTIOS  OF  A  SPEKOH  IX  SUPPORT  OF  .V  PROPOSITION  FOR  A  CONVENTION  TO  REVISE 

THE  CONSTITUTION  OF  THE  STATE  -  i-  82,  83 

PROPOSITION  ON  THE  SUBJECT  OF  BRITISH  DEBTS,  SUBMITTED  TO  THE  HOUSE  OP 

DELEGATES  OF  VIRGINIA  -  -  83,  8i,  85 

To  George  "Washington.    Richmond,  July  2  85 

Efforts  in  the  Legislature  of  Virginia  for  the  benefit  of  Thomas  Paine. 

Prejudices  against  him.    Arthur  Lee-  -  .-  -85,86 

To  Thomas  Jefferson.    Richmond,  July  3     -  86 

Private  business  for  his  "  countrymen."  Actj.ssigningJtojCongress 
Ijjer^ent.  of_the !_landjfcax2_J^_per_.cent.  jmpost.on.trade  -  -  86 

Acts  laving  certain  duties  for  the  foreign  creditors  of  the  State.    Nor- 


CONTENTS    OF    VOL.    I. 

PAGE. 

1 Y84. —  Continued. 

folk,  Alexandria,  York,  Tappahannock,  and  Bermuda  hundred,  es- 
tablished as  ports.  British  Debts.  Protest  in  the  Senate.  Effort 
fqr  a  State  Convention.  Henry's  opposition 

Petitions  for  a  general  assessment.  Project  of  the  Episcopal  clergy. 
Henry  preserves  it  from  a  dishonorable  death.  Discourse.  Sale 
of  public  lands  at  Richmond.  Seat  of  State  Government  fixed. 
Lands  about  Williamsburg  given  to  the  University.  Their  value. 
Lottery  for  encouragement  of  Maury's  school  -  88 

Revisal  to  be  printed.  Frivolous  economy.  Failure  of  effort  for  re- 
muneration of  Paine.  Appointed,  together  with  three  others,  Com- 
missioners to  negotiate  with  Maryland  in  establishing  regulations 
for  the  Potomac.  W.  Maury's  school.  Jefferson's  nephews  -  89 

Slave  tax.    Confusion  in  the  Revenue  Department.    Unskilful  draft- 
ing of  resolutions.    Scheme  for  opening  the  navigation  of  the  Poto- 
mac under  the  auspices  of  Gen.  Washington  -  89,  90 
To  Thomas  Jefferson.    Orange,  August  20  -  90 

Pamphlet  on  W.  I.  trade.  Deane's  letters.  Public  opinion  in  Vir- 
ginia said  to  disapprove  the  proceedings  of  the  Legislature  con- 
cerning British  debts.  Amending  State  Constitution  -  90 

Act  restraining  foreign  trade  to  enumerated  ports.    Objections          -  90,  91 

Striking  facts  in  favor  of  a  general  mart.  Discrimination  in  favor  of 
citizens.  Effect  of  Independence  on  prices.  Tobacco,  hemp,  wheat, 
corn.  Chinch-bug  -  -  91,  92 

Views  of  the  probable  policy  of  Spain  as  to  the  navigation  of  the  Mis- 
sissippi. General  interest  of  Europe  as  bearing  on  the  American 
doctrine  -  93,  94 

Influence  of  the  free  use  of  the  Mississippi  on  the  settlement  of  the 
Western  country  -  96 

Necessity  of  a  right  to  the  use  of  the  Spanish  shores,  and  of  holding 
an  entrepot,  or  using  N.  Orleans  as  a  free  port  -  -  97 

Floating  magazines.  "  The  Englishman's  turn."  Batonrouge.  Point 
Coupfe.  Suggestion  of  purchasing  from  Spain  a  portion  of  ground, 
&c.  A  joint  tribunal  for  adjusting  disputes  between  the  Spaniards 
and  Americans  suggested.  Treaty  of  Munster  -  -  97,  98 

British  use  of  the  Spanish  shore.    Construction  of  a  stipulation  in 

Trinity  of  17(>3.     Jefforson's  nephews  -98,99 

To  Thomas  Jefferson.    Philadelphia,  September  7  -  -  -        99 

Fayette.    Navigation  of  the  Mississippi.    Interests  of  France.    Sup- 
posed purpose  of  Spain.  Probable  interregnum  of  the  Federal  Gov- 
ernment for  some  time.  Messages  of  friendship,  &c.,  &c.      -          100,  101 
To  Thomas  Jefferson.    New  York,  September  15    -  -  -  -      ioi 

Change  of  traveling  route.    Fayette.    Accounts  of  Indian  ravages, 

&c-  101,  102 

To  Thomas  Jefferson.    New  York,  October  11         -  -  -  -      102 

Marbois.    Arrival  at  Fort  Schuyler.    Fayette  and  the  Indians  -      102 


CONTENTS    OF    VOL.    I.  XV 

PAGE. 

1 784. — Continued 

Obstacles  to  treaty.    British  retention  of  the  posts      ...      103 
To  Thomas  Jefferson.    Philadelphia,  October  17     -  -      104 

Cypher.     Post  office  espionage  in  Europe.     Fayette,  Arthur  Lee, 

and  the  Indians  -  104,  105,  106 

Traits  of  Fayette's  character.    Case  of  Longchamps.    Mrs.  Trist     106,  107 
To  James  Monroe.    Richmond,  November  -  ...      107 

Cypher.    Arrivals  of  General  Washington  and  Fayette  -  -      107 

Balloting  for  public  offices.  Elections  and  rejections  -  -          107,  108 

To  James  Monroe.    Richmond,  November  14  108 

Monroe's  critical  escape.     Indians.     Spaniards.     Proposed  suspen- 
sion of  land  surveys,  negotiations,  river  surveys,  &c.,  &c.    Scheme 
for  general  assessment.    Presbyterian  clergy.    Successor  to  Har- 
rison.   Henry.    Variances  in  the  Council     ...          108,  109 
To  James  Monroe.    Richmond,  Nov.  27       -  ...      109 

Negotiations  of  Now  York  with  the  Indians.  .Federal  articles  bearing 
on  the  question.    Proviso.    Rule  of  construction.    Ignominious  se-. 
cession  at  Annapolis.    Case  of  Howell          -  -      110 

Affair  of  M.  de  Marbois.    Proposition  to  authorise  Congress  to  refuse 
the  surrender  of  offenders,  in  certain  cases,  and  under  certain  cir- 
cumstances, to  foreign  powers.    Bill  for  a  religious  assessment. 
Henry.    Circuit  Courts,  &c.    ------      m 

To  Col.  James  Madison.    Richmond,  Nov.  27  ...      n% 

Proceedings  of  the  Legislature  -  ...      112 

To  James  Monroe.    Richmond,  Dec.  4  -  -  -  -      112 

British  debts.    Religious  assessment.    Henry.    Bust  of  Fayette         -      113 
To  James  Monroe.    Richmond,  Dec.  17        -  ...      114 

Revisal  of  the  laws.    Religious  freedom.    Mercer.    Corbin  -  -      114 

To  James  Monroe.    Richmond,  Dec.  24       -  -  -      114 

Pjopnaiflon  to  empower  Congress  to  carry  into  eflfeqt  the  Impnafat      -      114 
Act  empowering  Congress  to  surrender  citizens  of  the  State  to  the 
sovereign  demanding  them,  for  certain  crimes  committed  within  his 
jurisdiction.    Concurrent  provision  for  State  punishment.    The  In- 
dians.   Assize  courts.    General  assessment  -  115 
NOTES  OF  SPEECH  IN  OPPOSITION  TO  THE  GENERAL  ASSESSMENT  BILL  FOR  THE 
SUPPORT  OF  RELIGIOUS  TEACHERS  ------ 

To  Richard  Henry  Lee.    Richmond,  Dec.  25 

Lee's  election  as  President  of  Congress.    Assize  bill  - 
General  assessment  bill.    Episcopal  church.    British  debts.    Bills  for 
opening  the  Potowmac  and  James  rivers,  and  for  water  surveys. 
Proposition  to  empower  Congress  to  collect  impost  within  Virginia      118 
Project  of  a  Continental  Convention.  .  UniQH_Qf.,the  States  essential, 
_&c.Ji£fie6fiy^&c^nf  the  present  system :   1785  -^[PTTl 9—21  T7f  118,  119 
To  General  Washington.    Richmond,  January  1      -  -      119 

Acts  for  river  surveys.    Resolution  for  settling  the  jurisdiction  of  the 
Potomac,  &c. 119,  120 


CONTRNTS    OF    VOL.    I. 


1785.  —  Continued, 
To  James  Monroe.    Richmond,  January  8    - 

Political  arrangements.    R.  H.  Lee.  JLJLJiivingaton  -      120 

Variance  with  Great  Britain.  Her  probable  policy.  Spain.  Natural 
right  of  the  Western  country  to  the  use  of  the  Mississippi.  Difficulty 
as  to  cypher  - 

Bills  concerning  Potomac  and  James  Rivers,  and  presenting  shares 

to  Gen.  Washington 
To  Thomas  Jefferson.    Richmond,  January  9  -      122 

Proceedings  of  the  General  Assembly  of  Virginia.  Act  for  the  estab- 
lishment of  the  Courts  of  Assize.  Henry  previously  elected  Gov- 
ernor. Particulars  concerning  the  Assize  Act.  Acts  for  opening, 
&c.,  Potowmac  and  James  rivers  -  -  123 

The  subject  brought  forward  under  Gen.  Washington's  auspices. 
Memorials,  &c.  123,  124 

Agency  of  Gen.  Washington  at  Annapolis,  concerning  the  Potomac. 
The  James  river  bill.  Road  to  Cheat  river,  &c.  -  -  125 

Projected  survey  for  a  canal  between  Elizabeth  river  and  North  Caro- 
lina. Considerations  leading  to  the  Act  vesting  in  G.  Washington 
a  certain  interest  in  the  companies  for  opening  James  and  Potomac 
rivers.  His  earnestness  in  the  public  object,  showing  that  his  mind 
"  capable  of  great  views,  and  which  has  long  been  occupied  with 
them,  cannot  bear  a  vacancy  "  -  127 

Act  remitting  half  the  tax  for  1785        -  127,  128 

Act  giving  James  Rumsey  the  exclusive  privilege  of  constructing 
and  navigating  certain  boats  for  a  limited  time.  General  ridicule 
of  Rumsey's  invention.  Washington's  opinion  of  its  reality  and  im- 
portance. Acts  authorizing  the  surrender  of  a  citizen  in  certain 
cases,  &c.,  to  a  foreign  Sovereign.  Authorities  -  128,  129 

Act  incorporating  the  Protestant  Episcopal  church.    Objections,  &c.      130 

British  Debts.  Jones.  Henry.  Memorials,  &c.,  &c.  The  legislation 
on  this  subject  left  incomplete,  from  a  singular  cause.  Bill  concern- 
ing depreciated  payments  into  the  Treasury.  Abortive  proposition 
concerning  the  collection  of  the  impost  by  Congress.  Complaint  of 
the  French  Vice  Consul  -  133 

Henry  elected  successor  to  Governor  Harrison.  Amendment  of  the 
State  Constitution.  Petitions  from  Western  Virginia  for  a  separate 
Government.  Arthur  Campbell.  Revisal.  Compensation  to  the 
acting  members  of  the  Committee  -  -  ...  134 

To  Edmund  Randolph.    Orange,  March  10  -  -  -  -  -      135 

European  affairs.    Kentucky  Convention          -  ...      135 

To  Marquis  Fa/ette.    Orange,  March  20      -  -  *.  .      135 

Navigation  of  the  Mississippi.  Future  population  and  prospects. 
Spain,  Great  Britain,  nature,  philosophy,  and  commerce  -  13G.  137 

Narrow  policy  of  Spain.  Favorable  sentiments  of  other  European 
powers.  France.  Philanthropy  of  Louis  16  138,  139 


CONTENTS    OF    VOL.    I. 

PAGE. 

1 785. —  Continued. 

Domestic  affairs.    Act  of  Virginia  vesting  in  G.  "Washington  shares, 
&c.,  &c.    Juridical  system.    Bill  for  "  corrupting  our  Religious  sys- 
tem." Anomalous  condition  of  the  act  for  paying  British  debts      -      140 
To  James  Monroe.    Orange,  March  21  -      141 

Jay.     Question  of  etiquette.    Foreign  Department      -  -      141 

Movement  in  Kentucky  towards  an  independent  Government  -      142 

To  James  Monroe.    Orange,  April  12  -      143 

Appointment  of  J.  Adams  as  Minister  to  London.  Jefferson.  Consu- 
lar arrangements.  Maury.  Western  posts.  Massachusetts  and 
Rhode  Island,  &c.  -  -  143 

Th^L£tlLarti.cle_pfjthe  Confederjalion.  General  Assessment  Act  of  Vir- 
ginia.   Sectarian  opinions.    A  new  cypher  -  -      144' 
To  Thomas  Jefferson.    Orange,  April  27      -  -      145 

Natural  philosophy.  Pamphlets.  Claim  of  Le  Maire.  Literary  wants. 

Felice.    De  Thou.    Moreri      -  -      145 

Treaties  on  Federal  Republics.  Law  of  nations.  History  of  the  New 
World.  Greek  and  Roman  authors.  Historians  of  the  Roman  Em- 
pire. Paschal.  Ulloa,  Linnaeus,  Ordonnances  Marines.  French  tracts 
on  economies  of  different  nations.  Amelot's  travels.  Continua- 
tion of  Buffon.  New  invented  lamp.  Pocket  compass  -  -  146 

Tax  on  transfers  of  land.  Tax  on  law  proceedings.  Kentucky  Con- 
vention. Scheme  for  independence  -  -  147 

Uncertainty  whether  or  not  Washington  will  accept  the  shares  voted 
to  him.  Ramsey's  Invention.  Report  of  Maryland  and  Virginia 
Commissiopers  concerning  the  jurisdiction  of  Potowmac.  Bills  in 
the  General  Assembly  of  Virginia.  Elections.  Carter,  Harrison, 
Tyler,  Arthur  Lee.  Fayette.  Navigation  of  the  Mississippi.  Folly 
of  Spain  148,  149 

Jefferson's  nephews.    Maury's  school.    Weather  -      150 

Invitation  to  visit  Jeff-arson  in  France.  Subterraneous  city  discovered 

in  Siberia.    Deaths     -  151,  152 

To  James  Monroe.    Orange,  April  28  -      152 

Cypher.    Elections.    Pendleton,  Nicholas,  Fry,  Harrison,  &c.  -      152 

Disorders  of  Coin.    Weights  and  measures.    Mint.    Proposed  stand- 
ard of  measures  and  of  weights.    Importance  of  uniformity  -      153 
To  James  Monroe.    Orange,  May  29                                                              -      153 

Territorial  fund.  Western  posts.  Navigation  of  the  Mississippi.  Cer- 
tificates for  discharging  interest  of  home  debt  -  .  -  153 

Proposed  separation  of  Kentucky.  Rumor  that  a  State  has  been  set 
up  in  the  back  country  of  North  Carolina.  Clause  for  Township 
support  of  Religion.  Opinions  -  154 

To  James  Monroe.    Orange,  June  21  -      155 

Bill  for  establishing  the  Christian  religion  in  Virginia.  Commission- 
ers from  Georgia  to  the  Spanish  Governor  of  New  Orleans,  .Qut- 
rage  on  the  Federal  Constitution  .....  155 


CONTENTS    OF    VOL.    I. 

i  Vill 

PAGE. 

1785. — Continued. 
Commercial  discontents  in  Boston,  &c.    British  monopoly  of  trade 

with  Virginia.    Prices  ^ 

To  K.  H.  Lee.    Orange,  July  7 

Interest  of  Virginia  to  part  with  Kentucky.  Congress  ought  .to  be 
made  a  party  to  a  voluntary  dismemberment  of  a  State.  Reasons 
for  this,  opinion 

Arrival  of  GardSqui.  The  Mississippi.  Western  posts.  British  mo- 
nopoly. Deane's  intercepted  letters.  Deplorable  condition  of 
trade.  Prices.  Weather.  Crops  -  158>  l^ 

To  Edmund  Randolph.    Orange,  July  26     - 

Ecclesiastical  journal.    Objections  to  a  legal  salary  annexed  to  the 
title  of  a  parish  priest.    Gen.  Washington  and  the  negotiation  with 
Pennsylvania.    Mason.    Fayette.  Neckar.    The  Mississippi.    Spain      160 
Incorporating  act.    Course  of  reading.    The  bar.    Slave  labor.  Pro- 
jects of  speculation  and  travel 
MEMORIAL  AND  REMONSTRANCES  AGAINST  THE  GENERAL  ASSESSMENT,  ADDRESSED 

TO  THE  GENERAL  ASSEMBLY  OF  VIRGINIA 
To  James  Monroe.    Orange,  August  7 

Proposed.change  of  the  9th  article  of  the  Confederation 
The  power  of  regulating  trade  ought  to  be^a.  Federal  power.  Perfect 
freedom  of  trade,  to  be  attainable,  must  be  universal.    Exclusive 
policy  of  Great  Britain.    Retaliating  regulations  necessary.    These 
to  be  effectuated  only  by  harmony  in  the  measures  of  the  States    169,  170 
Importance  of^jmeading.d£fecia.ia_theJ1jederal system  -      171 

Answer  to  objections  against  entrusting  Congress  with  a  power  over 

trade.  ^Difficulties 

To  Thomas  Jefferson.    Orange,  August  20  -  -      173 

Machinations  of  Great  Britain  with  regard  to  commerce.  Desired 
augmentation  of  the  power  of  Congress.  Feeling  in  Virginia  against 
Great  Britain,  and  apathy  as  to  commerce  -  -  173 

Paris.    Surmise  as  to  British  policy.    Internal  trade.    Evil  of  long 

credits  to  the  consumer  -      174 

Conjectural  explanation  of  the  dissolution  of  the  Committee  of  States 
at  Annapolis.    Fayette's  foibles  and  favorable  traits  of  character. 
•   General  Assessment.    Remonstrance  against  it.    Mutual  hatred  of 
the  Presbyterians  and  the  Episcopalians.    Circuit  Courts.    Potow- 
mac  company.    James  river  -  -      175 

Revised  Code.  Crops.  Prices.  Ex-Governor  Harrison.  Withdrawing 

from  nomination.    Travel.    A  project  -      176 

To  John  Brown,  (Kentucky.)    Orange,  August  23  -  -      177 

Parental  ties.  Ideas  towards  a  Constitution  for  Kentucky.  The  Legis- 
lative Department  ought  to  include  a  Senate.  The  Senate  of  Mary- 
land a  good  model.  That  of  Virginia  a  bad  one.  The  other  branch. 
The  extent  of  Legislative  power  in  many  respects  necessarily  indefi- 
nite. Subjects  proper  for  Constitutional  inhibition.  Advantage  of 


CONTENTS    OF    VOL.    I.  XIX 

PAGE. 

1785. —  Continued. 

the  New  VnrV  Counrn  "f  ™«Mgiqn      .  .      178 

Project  and  functions  of  a  Select  Standing  Committee.    Executive 

Department  in  State  Governments.  Objections  to  it  in  Virginia  178,  179 
Judiciary  Department.  Importance  of  an  independent  tenure  and 
liberal  salaries.  A  separate  Court  of  Chancery  advisable.  Repro- 
bation of  Virginia  County  Courts.  Tribunal  of  impeachment ;  how 
it  should  be  constituted.  Right  of  suffrage.  Mode  of  suffrage. 
Ballot.  Plan  of  representation.  Rights  of  property  180,  181 

Annual,  triennial,  septennial  elections  considered  in  reference  to  the 

different  departments  of  power  ....      132 

Union  of  different  offices  in  one  person  -  -  -  -      183 

Periodical  review  of  a  Constitution,  &c.  -  -  183,  184 

The  Mississippi.    Constitutions  of  the  several  States,  printed  by  order 

of  Congress      -  184,  185 

REMARKS  ON  MB.  JEFFERSON'S  DRAUGHT  OF  A  CONSTITUTION  FOR  VIRGINIA, 

SENT   FROM  NEW  YORK  TO  MR.  JOHN  BROWN,  KENTUCKY,  OCTOBER,  1788         185 

The  Senate.    A  term  of  six  years  not  more  than  sufficient       -  -      185 

Objections  to  appointment  of  Senators  by  Districts      ...      186 

A  property  qualiflcation  for  voters  considered  187,  188 

Ballot  compared  with  viva  voce  voting.  Exclusions.  Ministers  of  the 
Gospel.  Re-eligibility  of  members  after  accepting  offices  of  profit. 
Limits  of  power.  Capital  punishment.  Prohibition  of  pardon  -  189 

Election  of  Governor.  Council  of  State.  Appointments  to  office. 
Detail  to  be  avoided  in  the  Constitutional  regulation  of  the  Judi- 
ciary Department.  Court  of  Appeals.  Court  of  Impeachment. 
Objections  to  the  plan  proposed.  Desiderata  in  such  a  Court  190,  191 

Trial  by  Jury.  Council  of  Revision.  Extension  of  the  writ  of  Habeas 
Corpus.  Emergencies.  Proposed  exemption  of  the  Press  in  every 
case  of  true  facts  -  -  195 

To  Thomas  Jefferson.    Philadelphia,  Oct.  3  -      195 

Journey.  Disordered  affairs  of  the  Confederacy.  Efforts  of  Congress. 
Desiderata.  Unauthorised  expenses  of  the  States.  Apportionment 
of  common  debt.  Desired^pow^rs  to  Congress  to_ enforce  payment 
of  State  quotas  r  and  over  trade.  R.  H.  Lee.  Graysoa.  Monroe. 
Hardy.  Proceedings  in  certain  States  196,  197 

African  slave  trade.    S.  Carolina.    Dr.  Franklin's  arrival.    Washing- 
ton declines  the  shares  voted  to  him,  &c.       -  -       198 
To  General  Washington.    Richmond,  Nov.  11  -      199 

The  shares.  Contest  for  the  chair.  Prospect  of  the  adoption  of  the 
Revised  Code.  Petition  for  a  general  manumission.  .Distresses  of 
U^ule.  Power  over  it  proposed  to  be  given  to  Congress.  Braxton's 
counter  propositions.  Reports  on  navigation.  Pamphlet  attributed 
to  St.  George  Tucker  -  200,  201 

NOTES  OF  A  SPEECH  ON  THE  QUESTION  ^-VESTING  IN  CONGRESS  THE  GENERAL 

POWER  OF  REGULATING  COMMERCE  FOR  ALL  TOE  STATES    -  201 


XX  CONTENTS    OF    VOL.    I. 

PAGE. 

1785. — Continued. 
To  Thomas  Jefferson.    Richmond,  Nov.  15  - 

Jefferson's  notes.    The  Revisal  - 
To  James  Monroe.    Richmond,  Dec.  9 

Trade.    Suggested  convention  of  Commissioners  at  Annapolis 
Assize  bill.    The  Revisal.    Criminal  bill.   Mercer.    Coldness  of  mem- 
bers from  Kentucky  as  to  immediate  separation 
To  Gen.  Washington.    Richmond,  Dec.  9      - 

The  Commercial  propositions.    Sacrifices  of  sovereignty  on  which  the 

Federal  Government  rests.    Difficulties 

Proposed  Convention  at  Annapolis.  Alexandria.  Exceptional  liber- 
ality and  light  of  its  mercantile  interest,  with  regard  to  a  navigation 
act.  The  Revisal.  Public  credit.  Assize  and  Port  bills  -  206,  207 

Projected  canal  between  Virginia  and  North  Carolina.    Memorial  of 

Kentucky  for  Independence.    Terms  of  separation  -  207,  208 

To  James  Monroe.    Richmond,  Dec.  24 

Proceedings  of  the  Legislature.    Bills  concerning  Religious  Freedom, 
British  debts,  Proprietary  interest  in  the  Northern  Neck,  and  the     * 
County  Courts  -  208,  209 

To  James  Monroe.    Richmond,  Dec.  30        -  -      210 

Discussions  concerning  British  debts,  and  changes  in  the  bill.    Dis- 
paragements of  the  Treaty.    J.  Adams  210 
Impracticability  of  rendering  the  county  courts  fit  instruments  of  jus- 
tice.   Business  depending.    Compact  with  Maryland  211 

1786.— [P.  211—269.] 

To  Thomas  Jefferson.    Richmond,  January  22         -  -  -211 

Jefferson's  Notes.    Arrival  of  books      -  -      211 

Harrison  elected  Speaker.  Question  of  residence.  Arthur  Lee. 
Question  of  holding  office,  &c.  Progress  of  Revisal.  Crimes  and 
punishments.  Religious  Freedom  -  212, 213 

List  of  Acts  not  included  in  the  revisal-  -         214 — 220 

Fayette.     Shares  voted  to  Gen.  Washington.    Conditional  pardons. 
Alien  law.    Quit-rents.    County  Courts.    Papers.    Courts  of  As- 
size       -  214,  215 
Appointment  of  Commissioners  to  Annapolis    -  -      216 
Opposition  of  Thruston,  the  Speaker,  and  Corbin.    Port  bill.    British 

debts.     Gradual  sfcolition  of  slavery.     Private  manumissions        216,  217 
Itch  for  paper  money.    Postponed  tax.    Kentucky  an  independent 

State     -  -      218 

Militia  Law.    Escheat  law.    Lord  Fairfax's  lands.    Attempts  to  dis- 
member the  State.    Arthur  Campbell's  faction         -  -      219 
Appropriating  Act.    Salaries.    Tonnage  on  British  vessels.    Canal  in 

N.  Carolina.    Family  affairs.    Peter  Carr's  studies.    Le  Maire 
Large  fish  bones  found  in  sinking  wells.    Promotions.    Prices 
To  James  Monroe.    Richmond,  January  22  - 


CONTENTS    OF    VOL.    I. 

PAGE. 

1786. — Continued. 

Adjournment  of  the  Legislature.  A  previous  statement  corrected. 
Navigation  system  for  the  State.  Tyler,  &c.  Commissioners  to  An- 
napolis. Particulars  concerning  their  appointment.  Defects  of  cer- 
tain bills  for  complying  with  the  demand  of  Congress.  Economical 
revision  of  the  Civil  list  222,  223 

To  Thomas  Jefferson.     Orange,  March  18     -  -      224 

The  Capitol.    Books  received.    Le  Maire.    Copying  press     -  -      225 

Meeting  of  deputies  from  Virginia  to  the  Commercial  Convention. 
Tendency  of  separate  regulations  by  the  States.  Deficiencies  of  pay- 
ments by  the  States  under  calls  from  Congress  -  225,  226 

Balance  of  trade.    Tjppm-f nn<»Q  r»f  the,  proposed  Convention. — Difficul- 
ties and  dangers.    Prices        -  -  226,  227,  228 
To  James  Monroe.    Orange,  March  19  -      228 

A  Convention  preferable  to  ftnyJiml  r^fftrmanf  the  Confederation. 

Tempexjatatre'Sasembly.  &c.  -  -  -  -        -      229 

To  James  Monroe.    Orange,  April  9  -  -      229 

Action  in  New  Jersey.  Gloomy  prospect  of  preserving  the  Unfon  of 
the  States.  The  impost!  Materially  snort  of  ihe  power  which  Con- 
gresTought  to  haveTas  to  trade  229,230 

To  Thomas  Jefferson.    Orange,  May  12  -      230 

Jefferson's  Notes.   Books.    Pedometer,  &c.    Inscription  for  the  statue 

[of  Washington.]     Houdon's  criticism  -      231 

Fayette  and  Rochambeau.    Changes  in  the  late  elections.    G.  Mason, 

George  and  John  Nicholas,  Monroe,  Mercer,  Bland,  &c.       -  -      232 

Refusal  of  Maryland  to  appoint  deputies  for  the  proposed  Convention. 
Internal  situation  of  Virginia.  Prices.  Kentucky.  Skirmish  with 
the  savages.  Scheme  of  Independence  said  to  be  growing  unpopu- 
lar. Dabney  Carr  -  -  233 

Peccan  nuts.  Sugar  tree.  Opossums.  Buffon.  Fallow  and  Roedeer 
not  native  quadrupeds  of  America.  The  Chevruel.  The  Monax. 
The  Marmotte  of  Europe  '-..»•  234,235 

Moles.    Buflfon's  theory.    His  cuts  of  Quadrupeds       -  236,  237 

To  James  Monroe.    Orange,  May  13  -      237 

Two  Conventions,  concurrent  as  to  time,  and,  in  part,  as  to  powers. 
Consequent  embarrassment,  and  proposed  expedient.  Change  in 
the  late  elections.  Mercer's  pamphlet  -  237 

Mason,  &c.    Forcing  trade  to  Norfolk  and  Alexandria.    Kentucky. 

Disquiet  from  the  savages.    Proposed  separation     -  -      238 

To  James  Monroe.    Orange,  June  4  -  238 

Proposed  journey.    Information  from  the  back  country.    Death  of 

Col.  W.  Christian.    Kentucky.    Paper  money  -      239 

To  James  Monroe.    Orange,  June  21  -  -  -      239 

Amazing  thought  of  surrendering  the  Mississippi,  and  guarantying  the 
possessions  of  Spain  in  America.    Objections  to  these  projects.  Ad- 
justment of  claims  and  accounts         -  -  239,  240,  241 
C 


CONTENTS    OF    VOL.    I. 

PAGE. 

1786. — Continued. 
To  Thomas  Jefferson.    PMla.,  Aug.  12 

Ride  through  Virginia,  Maryland,  and  Pennsylvania.    Crops  -      242 

Harper's  Ferry.    Works  on  the  Potowmac.    Negotiation  for  canal 

from  the  head  of  Chesapeake  to  the  Delaware  242,  243 

Rage  for  paper  money.  Pennsylvania  and  North  Carolina.  South 
Carolina.  New  Jersey,  N^w,  -YjQjk,  Rhode  Island,  Massachusetts, 
Connecticut,  and  New  Hampshire.  Senate  of  Maryland.  Virginia. 
G.  Mason  244,  245 

Sjtates  appointing  and  not  appointing  deputies  to  Annapolis.    Discour- 
agements of  the  hope  to  render  the  meeting  subservient  to  a  pleni- 
potentiary Convention  for  amending  the  Constitution  245,  246 
Spanish  politics.    Temporary  occlusion  of  the  Mississippi,  and  abso- 
lute negative  of  the  American  claim.    Embarrassment  of  personal 
situation.    The  Impost.    British  debts.    Paradise's  claim    -  -      247 
Ubbo  Emmius  -  -      248 
To  James  Monroe.    Phila.,  Aug.  15  -                                                            -      248 
Jay's  proposition  for  shutting  up  the  Mississippi  for  25  years              -      248 
To  James  Monroe.    Phila.,  Aug.  17  -                                                            .      248 
Principles  proposed  by  Monroe  and  Grayson  for  negotiations  with 

Spain.    Want  of  cypher  -  -  248  249 

To  James  Monroe.    Annapolis,  Sept.  11  -  249 

Prospect  of  a  breaking  up  of  the  meeting,  &c.  -  -  250 

To  James  Monroe.    Phila.,  Oct.  5     -  -  250 

Alarming  progression  of  a  certain  measure.     Not  expedient,  because 
not  just.    The  maxim,  "  that  the  interest  of  the  majority  is  the  po- 
litical standard  of  right  and  wrong,"  considered       -  -  -      251 
To  James  Monroe.    Richmond,  October  30  -                        ...      251 
Navigation  of  the  Mississippi.    Paper  money.   Henry  declines  re-elec- 
tion as  Governor  of  Virginia,    Randolph  and  R.  H.  Lee.    Appoint- 
ments to  Congress       -                                             -           -251,252 
To  Col.  James  Madison.     Richmond,  Nov.  1  253 
Large  vote  denouncing  paper  money.     Revenue  matters.     Henry  de- 
clines re-election  as  Governor.     His  probable  successor.     Commo- 
tions in  Massachusetts.    Relative  strength  and  suspected  aims  of  the 
discontented                                                               .            .           £53,  254 
To  Gen.  Washington.      Richmond,  Nov.  8            -           ...      254 
Vote  against  a  paper  emission.    Jay's  project.    Report  from  the  Dep- 
uties to  Annapolis.    Henry.    Randolph.    R.  H.  Lee.    James.    Mar- 
shall.   Nominations  for  Congress       -                       -                       952  253 
To  Gen. Washington.     Richmond,  Nov.  8    -            -            .            .            .      254 
.ghay's   Rebellion  in  Massachusetts.     Votes   against  paper  money; 
against  applying  a  scale  of  depreciation  to  military  certificates ; 
and  for  complying  with  the  recommendation  from  Annapolis  in 
favor  of  a  general  revision  of  the  Federal  system.     Washington  to 


CONTENTS:'OF    VOL.    I. 


1786  —  Continued. 

be  placed  at  the  head  of  the  delegates  from  Virginia  to  the  proposed 
Federal  Convention         .-..-.    254,  255 
E.  Randolph  elected  Governor  of  Virginia.     The  vote.     Col.  H.  Lee.        255 
Combination  of  the  Indians  threatening  the  frontier  of  the  U.  States. 
Party  in  Congress  in  favor  of  surrendering  the  Mississippi.     Ques- 
tion of  independence  in  Kentucky.    Domestic  -      255 

NOTES  OP  A  SPEECH  IN  THE  HOUSE  OP   DELEGATES  OP  VIRGINIA,  IN  OPPOSITION 

TO  PAPER  MONET     -  -  255  —  257 

To  Col.  James  Madison.    Richmond,  Nov.  16  -      257 

Want  of  a  Senate.    Indents.    Bill  making  Tobacco  receivable  in  pay- 

ment of  taxes.    Certificate  tax  -      257 

To  Col.  James  Madison.    Nov.  24     -  -      257 

Tobacco  bill  passed.    Objections  to  an  equality  of  price         -  -      257 

PETITION  POR  THE  REPEAL  OP  THE  LAW  INCORPORATING  THE  PROTESTANT  EPIS- 

COPAL CHURCH      -  -      258 

To  Thomas  Jefferson.    Richmond,  December  4  -      259 

Unanimous  vote  for  a  Plenipotentiary  Convention  in  Phila.    -  -      259 

Unanimous  Resolutions  of  the  House  of  Delegates  against  the  project 

for  bartering  the  Mississippi  to  Spain  259,  260 

Paper  money.  Public  securities.  The  consideration  of  the  Revised 
Code  resumed.  Necessity  for  a  supplemental  Revision,  &c.  Bill 
proportioning  crimes  and  punishments.  Education.  Pendleton. 
"Wythe.  Blair.  Reform,  according  to  the  Assize  plan,  desperate. 
District  Courts.  Impolitic  measures  of  the  last  session  -  -  261 

Attempt  to  repeal  the  Port  bill.  Mason.  British  debts.  Public  ap- 
pointments. Bland.  Prentis.  Ex-Speaker  Harrison.  E.  Randolph 
elected  Governor.  His  competitors,  Bland  and  R.  H.  Lee.  Delega- 
tion to  Congress.  H.  Lee  reinstated.  Vacancy  in  the  council. 
Boiling  Starke.  Griffin.  Innes.  Marshall.  Weather.  Crops. 
Prices  -  261,  262 

To  Gen.  Washington.    Richmond,  Dec.  7      -  -      263 

Reasons  for  his  accepting  his  appointment  to  the  Convention  -  -      263 

Unfavorable  influence  on  Virginia  of  the  project  of  Congress  on  the 
Mississippi  question.  Henry  "  hitherto  the  champion  of  the  Fed- 
eral cause  "  -  264 

Improper  legislation  to  be  expected.      Tobacco.     District  Court 

Bill        -  264,  265 

To  Col.  James  Madison.    Richmond,  Dec.  12  -      265 

Tobacco.    Resolutions  concerning  the  Mississippi.    Port  bill.    Dis- 

trict Court  bill  -      265 

Taxes  on  fees  of  lawyers,  on  Clerks,  riding  carriages.    Convention  in 

Kentucky  -      266 

To  James  Monroe.    Richmond,  Dec.  21         -  -      266 

Legislature  of  Virginia.     District  Courts.     Paper  money  in  Mary- 

land     -  266,  267 

To  Gen.  Washington,    Richmond.  Tec.  24    -  -      2R7 


xxlv  CONTENTS    OF    VOL.    I. 

FAGE. 

1786. — Continued. 

Difficulties  opposing  his  accepting  the  appointment  to  the  Convention  267 
Tobacco  as  a  comrautable.  Defeated  projects  of  Paper  money.  Grad- 
uating certificates.  Instalments.  A  property  tender.  Failure  of  plan 
for  reforming  the  administration  of  justice.  Kage  for  drawing  all 
income  from  trade.  Port  bill.  Revised  Code.  Bills  concerning 
Education,  Executions,  Crimes  and  punishments.  Reason  of  the 
Virginia  Senate  for  negativing  a  bill  defining  the  privileges  of  Am- 
bassadors 268,  269 

1787.— [P.  269—368.] 

To  Edmund  Pendleton.    Richmond,  January  9        -  -      269 

District  bill.  General  Court.  County  Courts.  Negative  merit  on  the 
score  of  justice  •  269 

Revised  Code.  Supplemental  revision.  A  succession  of  revisions 
commended  -  -  270 

Regret  at  the  necessity  of  imposing  future  labors  on  Pendleton,  Wythe, 
and  Blair.  Rage  for  high  duties.  Prudence  of  the  Senate.  Swift's 
remark.  Manufactures.  A  prevailing  argument  considered  -  271 

The  seditious  party  at  the  Eastward  in  communication  with  the  Vice- 
roy of  Canada  -  -      272 
To  Thomas  Jefferson.    New  York,  February  15       -  -      272 

Recent  Legislative  proceedings.  Rejection  of  the  bill  on  crimes  and 
punishments.  Rage  against  horse-stealers.  Bill  for  diffusing  knowl- 
edge. Revisal  at  large.  Reasons  for  imperfect  action  on  the  sys- 
tem. Committee  to  amend  unpassed  bills.  Critical  question  with 
the  friends  of  revisal  -  272,  273 

Henry.  Religion.  District  Court.  Taxes  on  lawyers,  clerks,  doctors, 
town  houses,  riding  carriages,  &c.,  &c.  Caloune.  Duties  on  trade. 
Tobacco  -  274 

The  Mississippi.  Jay's  project.  Deputies  from  Virginia  to  the  Con- 
vention for  amending  the  Federal  Constitution.  Action  and  expect- 
ations on  that  subject  in  the  Carolinas,  Maryland,  Delaware,  Penn- 
sylvania, New  York,  Connecticut,  Massachusetts,  New  Hampshire, 
and  Rhode  Island  -  -  275 

To  Gen.  Washington.    New  York,  Feb.  21   -  -  -      276 

Meeting  of  Congress.  Objects  depending.  Treaty  of  peace.  Rec- 
ommendation of  proposed  Federal  Convention  ...  276 

Politics  of  New  York.  From  States  North  of  it.  S.  Carolina,  Georgia, 
&c.,  &c.  Maryland.  Rebellion  in  Massachusetts  nearly  extinct. 
Proposed  punishments.  -  ...  277 

Political  opinions.  Monarchy  unattainable.  Republic  to  be  preserved 
only  by  redressing  the  ills  experienced  from  present  establishments. 
Virginia  the  only  State  making  provision  for  the  late  requisition  277,  278 
To  Edmund  Pendleton.    New  York,  February  24   -  -  -  -      278 

Lincoln's  dispersion  of  the  main  body  of  Massachusetts  insurgents. 


CONTENTS    OF    VOL.    I.  XXV 

PAGE. 

1787.— Continued. 
Escape  of  principal  incendiaries         -  -      278 

Congress  recommends  proposed  Convention.  Dispositions,  &c.,  of 
New  York  and  other  States.  Discredit,  impotence,  &c.,  of  the  pres- 
ent system  -  278,  279 

Insurrection  in  Massachusetts.  Infamous  scenes  in  Rhode  Island.  A 
partition  of  the  Union  into  three  or  more  governments,  a  lesser  than 
existing  and  apprehended  evils,  but  a  great  one.  Reorganization 
necessary  -  280 

To  Col.  James  Madison.     New  York,  Feb.  25  -      280 

Lincoln's  success  against  the  insurgents  in  Massachusetts.  Contumacy 

of  Connecticut.    General  distrust,  &c.  280,  281 

To  Gen.  Washington.    New  York,  March  18  -      281 

Application  of  the  Russian  Empress  for  the  Aboriginal  vocabularies. 
Sample  of  Cherokee  and  Choctaw  dialects.  Appointments  for  the 
Convention.  Deputies  from  Georgia,  S.  Carolina,  N.  York,  Massa- 
chusetts, N.  Hampshire.  Instance  of  political  jealousy  in  the  legis- 
lature of  N.  York.  Thinness  of  Congress.  Calm  restored  in  Massa- 
chusetts. Its  continuance  doubtful.  Terms  of  proffered  amnesty 
rejected  by  half  of  the  insurgents  -  281,  282 

Proposition  for  relinquishing  the  claim  of  N.  York  to  Vermont,  and 
admitting  Vermont  into  the  Confederacy.  Agitation  at  Pittsburg, 
caused  by  the  reported  intention  of  Congress  concerning  the  Missis- 
sippi. Apprehensions  from  that  policy.  Refusal  by  Henry  of  his 
mission  to  Phila.  283,  284 

To  Thomas  Jefferson.    N.  York,  March  19    -  -      284 

Appointments  for  the  Convention.  Deputies  from  Massachusetts,  N. 
York.  S.  Carolina.  Prospect  of  appointments  from  Rhode  Island, 
Connecticut,  and  Maryland.  Deputies  from  Virginia  -  284 

Difficulties  of  the  experiment.    Proper  foundations  of  the  new  system: 
1.  Popular  ratifications.    2.  Power  of  regulating  trade,  &c.    Neg- 
ative in  all  cases  on  the  local  Legislatures.    3.  Change  in  the  prin- 
ciple of  representation,  <fcc.    4.  Distribution  of  Federal  powers     285,286 
To  Col.  James  Madison.    New  York,  April  1  -      286 

The  approaching  Convention.  Appointments  made  and  expected. 
Connecticut  and  Maryland.  Motive  of  the  refusal  of  Rhode  Island. 
Uncertain  issue  of  the  Convention  -  286,  287 

To  Gen.  Washington.    N.  York,  April  16     -  -      287 

Washington's  views  of  necessary  Reform.  Temporising  and  radical 
measures  compared.  Individual  independence  of  the  States  irrec- 
oncileable  with  their  aggregate  sovereignty.  Consolidation  into  a 
single  Republic  inexpedient  and  unattainable.  Middle  course. 
Change  in  principle  of  representation  287,  288 

Authority  of  the  National  Government  to  be  positive  and  complete  in 
all  cases  requiring  uniformity.  A  negative  in  all  cases  on  the  Le- 
gislative acts  of  the  States,  as  heretofore  exercised  by  the  King's 


CONTENTS    OF    VOL.    I. 

PAGE. 

1787. — Continued. 

prerogative.  Advantages  of  this  principle.  National  supremacy 
to  be  extended  to  the  Judiciary.  Oaths  of  the  Judges.  Admiralty 
jurisdiction  -  288,  289 

Executive  Departments.  Militia.  Two  branches  of  the  Legislative 
Department.  How,  and  for  how  long,  to  be  chosen.  Functions  of 
the  smaller  body.  Council  of  Revision.  National  Executive.  Opin- 
ion as  to  its  constitution  and  powers  yet  unformed.  Right  of  co- 
ercion should  be  expressly  declared.  Necessity  of  operating  by  force 
on  the  collective  will  of  a  State  to  be  avoided.  Negative  on  the 
laws  may  answer  this  purpose.  Or  some  denned  objects  of  taxation 
might  be  submitted,  along  with  commerce,  to  the  general  authority. 
Ratifications  to  be  obtained  from  the  People,  and  not  merely  from 
the  ordinary  authority  of  the  Legislatures  -  -  290 

Address  to  States  on  the  Treaty  of  peace.    Thinness  of  Congress. 

Public  accounts  and  lands.    Arrangements  with  Spain        -  290,  291 

Differences  as  to  place  for  the  reassembling  of  Congress.    Philadel- 
phia.   N.  York.    Permanent  seat  for  the  National  Government. 
Discontents  in  Massachusetts.   Electioneering.   Paper  money.   Ver- 
mont    -  291,  292 
NOTES  OP  ANTIENT  AND  MODERN  CONFEDERACIES,  PRERARATORY  TO  THE  FEDE- 
RAL CONVENTION  OF  1787  -                                                         -         293 — 315 
Lycian  Confederacy.    Extracts  from  Ubbo  Bmmius      -                        293,  294 
Amphidyonic  Confederacy.    Seat.    Federal  authority.    Vices  of  the 

Constitution     -  -  294,  295,  296 

Achaean  Confederacy.    Federal  Authority.    Extracts  from  Ubbo  Em- 

mius.    Vices  of  the  Constitution        -  -  296,297,298 

Helvetic  Confederacy.  Federal  Authority.  Vices  of  the  Constitu- 
tion -  298,  299,  300,  301,  302 
Belgic  Confederacy.  Federal  Authority.  States  General.  Powers,  <fcc. 
Reservations  to  the  provinces.  Restrictions  on  the  provinces.  Coun- 
cil of  State.  Chamber  of  Accounts.  College  of  Admiralty.  The 
Stadtholder.  His  powers.  Vices  of  the  Constitution 

302,  303,  304,  305,  306,  307,  308,  309 

Germanic  Confederacy.    The  Diet.    The  Emperor.    Federal  Authority. 
The  Ban  of  the  Empire.    The  Circles.    Imperial  chamber.    Aulic 
Council.   Restrictions  on  the  members  of  the  Empire.   Prerogatives 
of  the  Emperor.    Vices  of  the  Constitution    -  309,  310,  311,  312,  314,  315 
To  James  Monroe.    N.  York,  April  19          -  -  -  .  -    '  315 

Domestic.    The  Mississippi.    Motion  to  remove  to  Philadelphia,  &c. 

Objections,  &c.  -  ...          3^5   gjg 

To  Edmund  Pendleton.    New  York,  April  22          -  -  -  -    '  316 

The  malcontents  in  Massachusetts.  Their  electioneering  projects. 
Governor  Bowdoin  displaced.  Hancock's  merits  tainted  by  obse- 
quiousness to  popular  follies.  Prospect  of  a  full  Convention.  No 
appointments  yet  from  Connecticut,  Maryland,  and  Rhode  Island. 


CONTENTS    OF    VOL.    I. 

PAGE. 

1 78  7. — Continued. 

Doubtful  issue  of  the  crisis.    Causes  of  apprehension  -      317 

Congress.    The  Treaty  of  peace.    Deliberations  concerning  the  West- 
ern lands,  and  criminal  and  civil  administration  for  the  Western 
settlements.    Affair  with  Spain.    Danger  of  a  paper  emission  in  Vir- 
ginia.   Henry  -  -      318 
To  Thomas  Jefferson.    April  23  -      319 
Insurrection  in  Massachusetts.    County  elections  in  Virginia.    Paper 
Money.    Henry.   Mason.   Monroe.    Marshall.    Ludwell  Lee.    Har- 
rison    ...  _      319 
NOTES  ON  THE  CONFEDERACY.    Vices  of  the  political  system  of  the  U. 

States       -  -         319—328 

I.  Failure  of  the  States  to  comply  with  the  Constitutional  requisitions. 
2.  Encroachments  by  the  States  on  the  federal  authority.    3.  Viola- 
tions of  the  law  of  nations  and  of  treaties      -  -      320 

4.  Trespasses  of  the  States  on  the  rights  of  each  other.  5.  Want  of 
concert  in  matters  where  common  interest  requires  it  -  321 

6.  Want  of  Guaranty  to  the  States  of  their  Constitutions  and  laws 
against  internal  violence.  7.  Want  of  sanction  to  the  laws,  and  of 
coercion  in  the  Government  of  the  Confederacy  -  -  322 

8.  Want  of  ratification  by  the  people  of  the  articles  of  Confederation      323 

9.  Multiplicity  of  laws  in  the  several  States.    10.  Mutability  of  the 

laws  of  the  States         -  -      324 

II.  Injustice  of  the  laws  of  the  States    -  -  -      325 
To  Thomas  Jefferson.    Philadelphia,  May  15                                              -      328 

Day  for  meeting  of  Convention.    Thin  attendance.    Arrival  of  Gen. 

Washington,  amid  the  acclamations  of  the  People,  &c.         -  -      328 

To  Edmund  Pendleton.    Philadelphia,  May  27  -      328 

Delay  in  making  up  quorum  of  seven  States.  Gen.  Washington  unan- 
imously called  to  the  chair.  Major  Jackson,  Secretary.  Committee 
for  preparing  rules  appointed  328,  329 

To  Col.  James  Madison.    Philadelphia,  May  27  -      329 

Proceedings  of  the  Convention.    Conduct  of  some  State  Governments. 

Iron.    Tobacco.    Event  of  the  election  329,  330 

To  Thomas  Jefferson.    Philadelphia,  June  6  -      330 

Proceedings  of  the  Convention.    Names  of  members  present.    States       • 
which  have  not  yet  sent  deputies.    Proceedings  thus  far  secret. 
Gen.  Washington  330,  331 

John  Adams's  Defence  of  the  American  Constitutions.  Appetite  in 
Virginia  for  paper  money.  Patrick  Henry's  opinions  on  this  and 
other  subjects.  Jefferson's  nephews.  Mazzei  -  331,  332,  333 

To  Thomas  Jefferson.    Philadelphia,  July  18  '    -      333 

Takes  notes  of  proceedings.    Evils  of  paper  money.    Crops  -  333,  334,  335 
To  Col.  James  Madison.    Philadelphia,  July  28  -      335 

Affairs  in  Holland.  Proceedings  of  Congress.  Ordinance  for  the 
Government  of  the  Western  country  -  335 


xxviii  CONTENTS    OF    VOL.    I. 

PAGE. 

1787. — Continued. 

Indian  affairs.    Brandt.    Crops  -  -      336 

To  James  Madison,  Sen.    Philadelphia,  Sept.  4        -  -      336 

Proceedings  of  Convention  still  secret   -  -      336 

Rumors  of  a  spirit  of  insurrection  in  some  counties  of  Virginia. 

Crops    -  -  336,  337 

To  Thomas  Jefferson.    Philadelphia,  Sep.  6  -      337 

Diligence  of  the  Convention.  Probable  plan  of  Government.  Public 
land  -  337,  338 

Discontents  in  some  counties  of  Virginia.    Wythe,  &c.,  &c.,  &c.   Maz- 

zei         -  339,  340 

To  Edmund  Pendleton.    Philadelphia,  Sept.  20       -  -      340 

Sends  copy  of  proposed  Constitution  for  the  United  States.    Difficul- 
ties       -  -  - 
To  James  Madison,  Sen.    New  York,  Sept.  30 

Unanimous  vote  of  Congress  forwarding  to  the  States  the  act  of  the 

Convention.    Its  reception  in  Philadelphia,  New  York,  Boston,  &c.      341 
To  Gen.  Washington.    New  York,  Oct.  14   -  -      342 

Pinckney's  pamphlet,  &c.   Opinions  concerning  the  Constitution.   Ar- 
rangements of  Congress  for  the  Western  Country.    J.  Adams.    Jef- 
ferson  -  342,  343 
To  Thomas  Jefferson.    New  York,  Oct.  24   -  -      343 

The  new  Constitution      -  -      343 

Wish  of  the  Convention  to  preserve  the  Union  of  the  States.  No  sug- 
gestion made  for  a  partition  of  the  Empire  into  two  or  more  Con- 
federacies. The  ground-work  of  the  Constitution  was  that  it  should 
operate,  without  the  intervention  of  the  States,  on  the  individuals 
composing  the  States.  Great  objects  of  the  Constitution  -  -  344 

The  Executive  branch.    Tenure  of  office.    Powers      -  -  345,346 

The  Senate  "  the  great  anchor  of  the  Government."  Different  propo- 
sitions for  its  appointment  and  duration  ....  345 

Partition  of  power  between  the  General  and  local  Governments.  A 
negative  on  the  laws  of  the  States  rejected  by  a  bare  majority.  Rea- 
sons for  such  a  check.  Historical  examples  -  346, 347  348,  349 

A  Republican  form  of  Government,  in  order  to  effect  its  purposes, 
must  operate  within  an  extensive  sphere  -  350 

Reasons  for  this  opinion  -  ...  351   352   353 

Adjustment  of  different  interests  of  different  parts  of  the  continent. 
South  Carolina  and  Georgia.  Equality  in  the  Senate.  Virginia  dele- 
gates to  the  Convention.  Delegates  refusing  to  be  parties  to  the 
act.  Gerry,  Randolph,  Mason  -  -  ...  354 

Conjectures  as  to  the  final  reception  of  the  proposed  system  by  the 
people  at  large  -  occ 

Opinions  in  particular  States      -----  355   355 

Opinions  of  prominent  citizens  of  Virginia.  Danger  of  Indian  war  in 
GeorSia  -  -  356,357 


CONTENTS    OF    VOL.    I.  xxix 

PAGE. 

1787. —  Continued. 

To  Edmund  Pendleton.    New  York,  Oct.  28  -      358 

Test  oaths.    Reception  of  the  Constitution  by  the  Virginia  Assembly      358 
The  disposition  of  other  States  towards  it         -  -      359 

To  Gen.  Washington.    New  York,  Nov.  18  -  -      360 

Disposition  in  Virginia  towards  the  Constitution  -      360 

The  Federalist.    Congress  360,  361 

To  Gen.  Washington.    New  York,  Nov.  20  -  -      361 

The  Federalist.    No  quorum  in  Congress  -  361,  362 

To  Gen.  Washington.    New  York,  Dec.  7  ...      362 

The  Federalist.    Prospects  of  the  Constitution  ...      302 

To  Thomas  Jefferson.    New  York,  Dec.  9    -  362 

American  trees,  birds,  £c.,  &c.  -  ...      353 

Prospects  of  the  Constitution  in  particular  States        -  -         363 — 367 

Three  parties  in  relation  to  it  in  Virginia  -      364 

Views  of  prominent  individuals.    Henry.    Opinions  in  Virginia  and 

New  England  classified  -      365 

Virginia  Assembly.  Prohibitions.  Revised  Code.  Henry.  Mason. 
No  quorum  in  Congress  366.  367 

To  Gen.  Washington.    New  York,  Dec.  14   -  -      367 

Papers  in  favor  of  the  Federal  Constitution.    Virginia  Assembly     367,  368 

To  Gen.  Washington.    New  York,  Dec.  26   -  -      368 

Expected  Convention  in  Massachusetts.  Gerry.  Dana.  Omission  in 
Mason's  published  objections  to  the  Constitution.  New  Jersey 
adopts  the  Constitution  -  368 

1788.— [P.  369—446.] 

To  Gen.  Washington.    New  York,  Jan.  14    -                                              -  369 
Information  received,  &c.     Federal  complexion  of  accounts  from 

Georgia,  &c.     -                                                                                 -  369 
To  Gen.  Washington.    New  York,  Jan.  20   -                                              -  369 
Arrival  of  Count  de  Moustier.    News  from  Europe      -                       -  369 
Opposition  to  the  Constitution  in  Massachusetts.   Views  of  the  minor- 
ity in  Pennsylvania.    Georgia.    South  Carolina       -                       -  370 
To  Gen.  Washington.    New  York,  Jan.  25   -                                              -  370 
Governor  Randolph's  letter  to  the  Virginia  Assembly                        -  370 
Information  from  Boston.    Gerry.    A  Congress  of  seven  States  made 

up  371,  372 

To  Gen.  Washington.    New  York,  Jan.  28  -                                              -  372 

Convention  in  Massachusetts.    Information  from  King.    Gerry          -  372 

To  Gen.  Washington.    Feb.  1                                                                      -  373 

Information  from  King.    Gloomy  prospect  in  Massachusetts  -           -  373 

Encouraging  in  South  Carolina  -                                                            -  374 

To  Gen.  Washington.    New  York,  Feb.  8    -                                              -  374 

Prospect  brightening  in  Massachusetts.    Hancock.    North,  and  South 

Carolina.    New  York 374,  375 


CONTENTS    OF    VOL.    I. 

PAGE. 

1 788. — Continued. 

To  Gen.  "Washington.    New  York,  Feb.  11  -  -      375 

Hancock's  propositions  to  the  Massachusetts  Convention.    S.  Adams. 

Decision  expected  in  the  Virginia  Convention  375,  376 

To  Gen.  Washington.    New  York,  Feb.  15   -  -      376 

Result  of  Convention  at  Boston.    Amendments.    New  Hampshire      -      376 
To  Thomas  Jefferson.    New  York,  Feb.  19  -  -      376 

States  which  have  adopted  the  Federal  Constitution.    Votes.    Views, 
&c.,  of  the  minority  in  Massachusetts.    Conduct  of  the  minority  in 
Connecticut  and  in  Pennsylvania       -  376,  377 

Conjectures  as  to  the  course  of  New  Hampshire,  South  Carolina,  Mary- 
land. North  Carolina,  and  Virginia.    Henry  and  Mason.    The  As- 
sembly of  Virginia.    The  District  Court  bill.    British  debts  -          378,  379 
To  Gen.  Washington.    New  York,  Feb.  20  -  -      379 

A  candidate  for  the  Convention  -  -      379 

Notice  of  Gen.  Washington's  letter  to  Col.  Carter.    French  affairs     -      380 
To  Edmund  Pendleton.    New  York,  Feb.  21  -      381 

Politics  of  Virginia.    The  question  of  Union,  the  test  of  the  proposed 
Constitution.  Different  objections  of  non-signing  members,  writers, 
and  minorities.    Objections  classified  -      381 

Expectations  as  to  New  Hampshire,  Rhode  Island,  New  York,  and 
Charleston,  S.  C.    Lowndes.    Indications  of  an  approaching  Rev- 
olution in  France.    The  Dutch  patriots         -  -      382 
To  Edmund  Pendleton.    New  York,  March  3  -      382 
Unexpected  result  in  New  Hampshire.    Prospects       ...      333 
To  Gen.  Washington.    New  York,  March  3  -  -      383 
The  course  of  the  Convention  in  New  Hampshire.    Explanation  and 

prospects  ...      333 

To  Gen.  Washington.    Orange,  April  10      -  ...      334 

Conjectures  as  to  the  probable  fate  of  the  Constitution  in  the  Virginia 
Convention       -  ......      334 

Personal  efforts  in  its  favor        -  -  384,  385 

To  Edmund  Randolph.    Orange,  April  10    -  -  -  -      385 

Amendments  of  Masssachusetts.    Samuel  Adams.    Obligations,  under 

the  new  Constitution,  as  to  the  old  money     -  ...      335 

Claim  of  the  Indiana  Company.    Retrospective  laws  and  retrospective 
construction.     Religious  test.     Recommendatory  alterations  pre- 
ferred to  a  conditional  ratification  or  a  second  Convention  -  -      386 
Henry.    Mason    -                                   .....      337 

To  Thomas  Jefferson.    Orange,  April  22      -  -  -  .  .      357 

Elections  for  the' Convention.  Probable  dispositions  of  members. 
Opinions  of  notable  individuals.  Governor  Randolph's  temperate 
opposition.  R.  H.  Lee,  F.  L.  Lee,  J.  and  M.  Page  -  -  -  387 

Different  grounds  of  opposition.  Henry.  Mason.  Preliminary  ques- 
tion. Objections  to  a  conditional  ratification  and  to  a  new  Conven- 
tion. Difficulty  in  ascertaining  the  real  sense  of  the  People  of  Vir- 


CONTENTS    OF    VOL.    I. 


XXXI 


1788. —  Continued. 

ginia.    Geographical  view.    Weather,  crops,  &c.     -  388,  389 

ADDITIONAL  MEMORANDUM  FOR  THE  CONVENTION  OF  VIRGINIA  IN  1788,  ON  THE 

FEDERAL  CONSTITUTION     -  -         389 — 398 

Examples  showing  defect  of  mere  Confederacies  -      389 

Union  between  England  and  Scotland  -  -         389 — 392 

Sweden.    Denmark         -  -  -  -  -  -  -391 

France.    Spain.     Poland  -      392 

Rival  communities  not  united  by  one  Government.    Historical  ex- 
amples -  392,  393 
Sparta.    People.    Carthage       -  -      394 
Rome.    Power  of  Consuls.    Tribunes  -                                  -          395,  396 
Roman  Empire.    Modern  Europe                                                        397,  398 
To  Gen.  Washington.    Richmond,  June  4     -  -      398 
Meeting  of  Virginia  Convention.  Prospects.    Randolph.    Henry.   Ma- 
son.    Kentucky                                                            -  -      398 
To  Gen.  Washington.    Richmond,  June  13  -  -      399 
Result  doubtful.    British  debts.     Indiana  claim.     The  Mississippi. 
Kentucky.    Oswald,  an  anti-federal  messenger.     Henry.     Mason. 
New  York  elections     -                                  -  399 
To  Gen.  Washington.    Richmond,  June  18  -                                              -      400 
Probable  smallness  of  majority  on  either  side.    Moderation.    Henry      400 
To  Col.  James  Madison.    June  20     -                                                            -      400 
Conjectured  majority  of  friends  of  the  Constitution.    Contest  concern- 
ing the  Judiciary  Department             ...      400 
To  Gen.  Washington.    Richmond,  June  23  -                                    -           -      401 
Approaching  close  of  proceedings  on  the  Constitution.    Temper  of 

the  opposition.    Mason.    Henry.    A  bare  majority  expected         -      401 
To  Gen.  Washington.    Richmond,  June  25  -  -  -  -  -      401 

Vote  on  ratification.    Temper  of  opposition,  &c.          -  401,  402 

To  Gen.  Washington.    Richmond,  June  27  -  -      402 

Final  Adjournment  of  Convention.   Amendments.   Address  of  minor- 
ity.   Henry's  declaration.    Probable  plan  of  minority        -  -      402 
To  Gen.  Washington.    New  York,  July  21  -  -      403 
Movements  in  New  York  concerning  the  Constitution.    Views  as  to 
putting  the  new  Government  into  operation.    Anti-Federal  temper 
of  the  Executive  in  Maryland                                                             403,  404 
To  Thomas  Jefferson.    New  York,  July  24  -  -      404 
Virginia  Convention.    Final  question  on  the  new  Government  two- 
fold.   Votes.    Moderation  and  decorum  of  members  -      404 
British  debtors.    Henry  and  Mason.    Attempt  to  bring  the  influence 
of  Jefferson's  name  against  the  Constitution.    Action,  &c.,  in  New 
Hampshire.    South  Carolina  and  New  York.    Crops            -          405,  406 
To  Col.  James  Madison.    New  York,  July  27                                               -      406 
Ratification,  by  New  York,  of  the  Federal  Constitution                      -      406 
To  Thomas  Jefferson.    New  York,  August  10                                 -  407 


CONTENTS    OF    VOL.    I. 

PAGE. 

1788. — Continued. 

Brissot.  Remarkable  form  of  the  New  York  ratification  of  the  new 
Government.  Address  concerning  amendments.  Danger  from 
another  Convention.  Convention  of  North  Carolina.  Action  in 
Congress  for  bringing  the  new  Government  into  operation.  Time 
for  first  meeting  agreed  on.  Uncertainty  as  to  place.  Different 
propositions.  The  "  Federalist."  Its  authors.  Mazzei  -  407,  408 
To  Gen.  Washington.  New  York,  Aug.  15  -  -  409 

Place  of  meeting  of  Congress.    Different  places  proposed       -  -      409 

Pestilent  tendency  of  a  circular  from  the  New  York  Convention. 

Speculations     -  -      410 

To  Thomas  Jefferson.    New  York,  Aug.  23  -  -      410 

Rejection  by  North  Carolina  of  the  Constitution,  or  annexment  of  con- 
ditions precedent.  Causes  and  probable  effects  of  this  step.  Diffi- 
culties in  fixing  a  place  for  the  first  meeting  of  Congress.  Western 
country.  Spanish  intrigues.  The  "Federalist"  -  -  411 

To  Gen.  Washington.    New  York,  Aug.  24  -  -      412 

New  York  circular.  Inauspicious  tendencies  of  the  New  York  ratifi- 
cation. Local  zeal  for  the  selection  of  New  York  city,  as  the  place 
for  the  first  meeting  of  Congress.  Uncertainty  of  issue  on  this  point. 
Objections  to  the  selection  of  New  York  city  412,  413 

Views  as  to  a  final  residence      -  414,  415 

To  Col.  James  Madison.    New  York,  Sept.  6  -      415 

Exertions  of  Anti-Federalists  for  an  early  Convention.    Encourage- 
ments.   Place  of  meeting  for  the  new  Government  -  -      415 
To  Gen.  Washington.    New  York,  Sept.  14  -  -      416 

Time  and  place  fixed  for  the  meeting  of  the  new  Government.  Views 
as  to  its  permanent  seat.  Clinton's  Circular.  Language  of  the 
Aboriginal  Americans  -  416,  417 

To  Thomas  Jefferson.    New  York,  Sept.  21  -  -  -      417 

The  Western  Country.  The  Mississippi.  Circular  from  New  York 
Convention.  Project  of  another  General  Convention.  Consulta- 
tions in  Pennsylvania.  Henry.  Randolph  -  -  417,  418 

Arrangements  for  bringing  the  new  Government  into  action.  Dispute 
concerning  place  of  meeting.  Places  proposed.  Chance  of  the  Po- 
tomac. Pamphlet  on  the  Mohegan  language  -  -  418,  419 

Question  of "  outfit "       ---._.          419,420 
To  Thomas  Jefferson.    New  York,  Oct.  8      -  -  -  -  -      420 

Rumors  concerning  La  Fayette.  Appointments  of  R.  Morris  and  Mc- 
Clay  to  the  Senate.  Election  laws  of  Pennsylvania,  Virginia,  and 
Connecticut.  Gen.  Washington  will  certainly  be  called  to  the  Pres- 
idency. Hancock  and  J.  Adams  most  talked  of  for  the  Vice  Presi- 
dency. Jay.  Knox.  Reported  capture  of  Doctor  and  Mrs. 
Spence  -  .  .  420, 421 

To  Thomas  Jefferson.    New  York,  Oct.  17   -  -  -  .  -      421 

The  "outfit."    Want  of  quorum  in  Congress.    Arrangements  for  put- 


CONTENTS    OF    VOL.    I.  XXxiii 

PAGE. 

1788. — Continued. 

ting  the  new  Constitution  into  action.    The  Presidency  and  Vice 
Presidency.    Rutledge  -      422 

Hancock  and  J.  Adams  both  objectionable.    S.  Adams.    Collective 
view  of  alterations  proposed  by  State  Conventions  for  the  new  Con- 
stitution.   Motives  in  Virginia  -  -      423 
Bill  of  rights  desirable  but  not  important,  and  why.    Violations  of 
the  bill  of  rights  in  Virginia.     Where  is  the  danger  of  oppression. 
In  our  Government,  in  the  majority  of  the  community.    Republics 
and  monarchies  compared  as  to  danger  of  oppression,  and  efficacy 
of  a  bill  of  rights                                                                                  424,  425 
Use  of  a  bill  of  rights  in  popular  Governments.    Limitation  to  the 
doctrine  that  there  is  a  tendency  in  all  Governments  to  an  augmen- 
tation of  power  at  the  expense  of  liberty      -  -      426 
Question  as  to  absolute  restrictions  in  a  Bill  of  Rights,  in  cases  which 
are  doubtful,  or  where  emergencies  may  overrule  them.    Suspen- 
sion of  Habeas  Corpus,  in  the  alarm  of  a  Rebellion  or  insurrection. 
Standing  army.    Monopolies.    Nuisances.    Exceptions  and  guards. 
Proceedings  in  Kentucky        -  -      427 
To  Edmund  Pendleton.    New  York,  Oct.  20  -      428 
Resolutions  concerning  the  Mississippi.    The  temporary  seat  of  the 
new  Government.    Impartiality  in  administration  vital  to  repub- 
lics.   Circular  from  New  York  Convention.    Evils  of  an  early  Con- 
vention -  -      428 
Probability  of  more  war  in  Europe.    France.    Struggle  between  the 
Aristocracy  and  the  Monarchy.   Late  measures  of  the  Court  tending 
to  the  popular  side.    La  Fayette  on  the  Anti-Court  side      -  -      429 
To  Gen.  Washington.    New  York,  Oct.  21    -  -      429 
French  affairs.    La  Fayette.    Count  Moustier  and  Marchioness  Bre- 

han        -  -      429 

Johnson  and  Ellsworth,  Senators  from  Connecticut.    Opinions  on  the 
selection  of  New  York  as  the  temporary  seat  of  the  new  Govern- 
ment.   Henry  -  -      430 
QUESTIONS  FROM,  AND  ANSWERS  TO,  THE  COUNT  DE  MOUSTIER,  MINISTER  PLEN- 
IPOTENTIARY OP  FRANCE,  OCT.  30,  1788    -                                  -         430 — 133 
Contract  with  R.  Morris  -  -      430 
Supply  of  clothing  for  negroes.    Products  of  Virginia.    Trade  with 

France  and  the  Antilles,  &c.  -  431,  432 

Products  of  France  and  the  islands.    Tonnage,  &c.,  &c.  432,  433 

To  George  L.  Turberville.    New  York,  Nov.  2        -  -      433 

Another  General  Convention  suggested  by  New  York  -      433 

Some  amendments  to  the  Constitution  ought  to  be  made  -      434 

Objections  to  the  project  of  another  General  Convention.  Importance 

of  the  new  Constitution  434,  435 

To  Gen.  Washington.    New  York,  Nov.  5     -  -      436 

St.  John's  memorandum.    Col.  H.  Lee's  proposal.    A  land  specula- 


XXxiv  CONTENTS    OF    VOL.    I. 

PAGE. 

1 788. — Continued. 
tion       -  -      436 

Prospects  of  the  Constitution.    Public  conversation  on  the  Vice  Pres- 
idency.   Hancock.    J.  Adams.    Jay.    Knox  -      437 
To  Edmund  Randolph.    Philadelphia,  Nov.  23        -  -      438 

Vote  for  the  Senate.  Probable  opposition  for  the  other  House.  Em- 
barrassment 

Objection  to  appearance  of  electioneering        -  -      439 

To  Gen.  Washington.    Philadelphia,  Dec.  2  -  -      439 

Thanks  for  information  and  opinion.  State  of  election  in  Massachu- 
setts for  the  Senate.  Bowdoin.  Elections  in  New  Hampshire,  New- 
Jersey,  Delaware,  Pennsylvania.  Postponement  in  South  Caro- 
lina -  439,  440 

Reasons  for  a  return  to  New  York.    Appearance  of  electioneering. 

Indisposition    -  440,  441 

To  Thomas  Jefferson.    Philadelphia,  Dec.  8  -      441 

Certainty  of  a  peaceable  commencement  of  the  new  Government  in 
March  next,  and  favorable  prospects.  Gen.  Washington  will  cer- 
tainly be  President,  and  J.  Adams  probably  Vice  President.  Henry. 
Anti-Federal  and  Federal  Senators.  Proportion  of  Anti-Federal 
members  in  H.  of  Representatives.  Two  questions  before  the  pub- 
lic. Amendments  to  the  Constitution,  and  mode  of  making  them  -  441 

Motives  of  advocates  of  a  second  Convention.    G.  Morris's  visit  to 
Europe.    R.  Morris.    Private  transactions.    A  Candidate  for  H.  of 
Representatives.    Henry's  opposition  to  him.    Appearance  of  elec- 
tioneering        -  -      442 
To  Philip  Mazzei.    Philadelphia,  Dec.  10     -  -      444 

His  book.    Plan  of  a  single  legislature.    Excess  of  liberty    -  -      444 

The  new  Constitution  ratified  by  all  the  States  except  two.    Appoint- 
ments of  Senators.    Prospect  as  to  elections  for  H.  of  Represent- 
atives.   Object  of  the  Anti-Federalists  444,  445 
To  Thomas  Jefferson.    Philadelphia,  Dec.  12                        ...      44(5 

Returns  from  the  Western  Counties  of  Virginia.  Political  prospects. 
St.  Trise  ...  445 

1789.— [P.  446—500.] 

To  George  Eve.    Jan.  2         -  ...  445 

Misrepresentations  of  opinions   -  -  447 

Amendments  ought  to  be  proposed  by  the  first  Congress.    Why  this 

mode  is  preferable  to  a  general  Convention  -  448 

To  Gen.  Washington.    Orange,  Jan.  14        -----  443 
Returns  from  two  electoral  Districts  in  Virginia.  Gen.  Stevens  elected 

in  one  of  them  -  ---...  449 

Personal  contradiction  of  erroneous  reports  •    -  -  -          449  450 

To  Edmund  Randolph.    Alexandria,  March  1  450 
Necessity  of  personal  appearance  in  the  District.    Discouraging  an- 


CONTENTS    OF    VOL.    I.  XXXV 

PAGE. 

1789. — Continued. 

ticipations        -  ....      450 

To  Gen.  Washington.    Baltimore,  March  5   -  -      451 

Electoral  votes  of  Georgia.    Candidates  for  H.  of  Representatives     -      451 

Vote  in  South  Carolina  for  President  and  Vice  President       -  -      452 

To  Gen.  Washington.    Philadelphia,  March  8  -      452 

Arrival  at  Philadelphia,  and  intelligence  from  N.  York  -      452 

Policy  as  to  the  Western  Country  452,  453 

To  Gen.  Washington.    New  York,  March  19  -      453 

No  quorum  in  either  House  of  Congress.    Calculations  as  to  strength 

of  parties  -      453 

Singular  manner  of  election  in  N.  Jersey.    French  affairs       -          453,  454 
To  Gen.  Washington.    New  York,  March  26  -      454 

Morgan's  Invitation.    Spanish  project.    No  Quorum    -  -  454,  455,  456 

To  Thomas  Jefferson.    New  York,  March  29  -      457 

Virginia  Electors  for  President  and  Vice  President.    Unanimous  vote 
with  respect  to  Gen.  Washington.    Secondary  votes  for  J.  Adams 
and  G.  Clinton.    Election  of  Representatives.    No  quorum  in  Con- 
gress    -  457,  458 
Political  complexion  of  the  New  Congress.    Jefferson's  wish  to  return 

home  for  the  summer  -  -      459 

Morgan's  invitation.    Policy  of  Spain.    Dispute  between  the  two 

branches  of  the  New  York  legislature  -      461 

To  Gen.  Washington.    New  York,  April  6   -  -      461 

Arrival  of  R.  H.  Lee.    A  quorum  formed.    Election  of  officers  of  H. 

of  R.     -  -      461 

To  Edmund  Pendleton.    New  York,  April  8  -      461 

Examination  of  ballots  for  President  and  Vice  President.  Unanimous 
vote  for  Gen.  Washington  as  President.  J.  Adams  elected  Vice 
President.  Notices  to  them.  Officers.  Rules  agreed  on.  Federal- 
ists predominate  in  both  branches.  Disability  of  George  3rd,  and 
Regency.  Discussion  between  the  Prince  of  Wales  and  Pitt  -  462 

To  Edmund  Randolph.    New  York,  April  12  -      463 

New  Government  not  yet  organized  in  its  Executive  capacity.    Im- 
posts.   Amendments  to  the  Constitution        -  -      463 
Sherman's  opinions.    British  debts.    Taxes      -            -                        -      464 
To  Edmund  Pendleton.    New  York,  April  19                                              -      464 
Non-arrival  of  President  and  Vice  President.    Impost.    Mental  condi- 
tion of  George  3d.    Contingent  perplexity    -                                 464,  465 
To  Thomas  Jefferson.    New  York,  May  9     -  -      465 
Books  wanted,  &c.    Congressional  Register.    Its  faults.    Duties.    Dis- 
cordant views,  &c.       -                                                                       465,  466 
Distinction  between  nations  in  and  not  in  Treaty.    New  York  city 
steeped  in  Anglicism.    Cypher.    President's  Speech;  address  of  H. 
R.;  reply.    Titles        -                                                                     -      467 
To  Edmund  Randolph.    New  York,  May  10            -           -           -           -      467 


XXXVI  CONTENTS    OF    VOL.    I. 

PAGE. 

1789. — Continued. 

Imposts.  Plan  of  temporary  collection.  Unanimous  opinion  that  Gen. 
Washington's  acceptance  of  the  Presidency  was  essential  to  the 
commencement  of  the  Government.  Speech  and  answer.  Titles. 
Their  friends  in  the  Senate.  R.  H.  Lee  -  468,  469 

To  James  Monroe.    New  York,  May  13        -  -      469 

Ratio  of  particular  duties.    Excises       -  -      469 

To  Edmund  Pendleton.    New  York,  May  17  -      470 

Bill  for  rating  duties.    Proposition  as  to  Great  Britain  -      470 

To  Thomas  Jefferson.    New  York,  May  23  -  -      470 

President's  Speech,  and  answers  of  the  two  Houses.  Titles.  J.  Adams 
and  R.  H.  Lee.    Proposed  title  of  the  President.    Moustier.    Mar- 
chioness de  Brehan.    Collection  bill  -  470,  471 
To  Thomas  Jefferson.    New  York,  May  27   -  -      471 
Obstacles  to  Jefferson's  desired  visit  to  America.    Auxiliary  offices  to 
the  President.     Knox.     Jay.     Livingston.     Hamilton.    Jefferson. 
Abolishing  discriminations  in  favor  of  nations  in  Treaty.  R.  H.  Lee 
on  titles,  discriminations,  and  the  Western  Country.    Madame  Bre- 
han.   Moustier.    Amendments.    Bill  of  rights.    Kentucky  -          471,  472 
Temper  of  Congress.    Spirit  of  the  H.  of  R.  -      473 
To  Edmund  Randolph.    New  York,  May  31                                                  -      473 
Mrs.  Randolph's  health.    R.  H.  Lee.    Duties.    Idea  of  putting  G. 
Britain  on  the  footing  of  a  most  favored  nation.    Difficulties  from 
want  of  precedents,  &c.    Arrangement  of  subordinate  Executive 
Departments     -                                                                                    -      474 
Reasons  for  a  power  of  removal  in  the  President                                  -      475 
To  Thomas  Jefferson.    N.  York,  June  13                                                       -      475 
Introduction  of  constitutional  amendments  into  H.  of  R.                     475,  476 
To  Edmund  Randolph.    N.  Y.,  June  17        -                                                -      476 
Judiciary  bill.    Question  as  to  power  of  removal  in  the  President. 
Reasons  for  it.     The  Executive  function  of  the  Senate  excep- 
tional   -                                                                                           476, 477 
To  Edmund  Pendleton.    New  York,  June  21                                    -  477 
Removals  from  office.    Objections  to  action  of  the  Legislature.    De- 
cision against  it.    As  to  possible  encroachments  of  the  respective 
branches  of  the  Government.    Amendments  to  the  Constitution 

477,  478,  479 

To  Edmund  Randolph.    New  York,  June  24  ...      479 

Erroneous  reports  of  discussions  on  removals  from  office.    Leave  to 
Jefferson  to  visit  his  own  country.    Alarming  illness  and  convales- 
cence of  the  President  ....      479 
To  Thomas  Jefferson.    New  York,  June  30  -           -  -  -  -      479 
Leave  to  visit  America.    Tardy  progress  of  Federal  business.    Bill 
for  regulating  duties.    Discrimination  in  favor  of  nations  fei  Treaty. 
Reasons  against  and  for  it.    Great  Britain.    Tonnage  bill.    Sena- 
tors from  Virginia.    Mistake  as  to  Graysou  -          479,  480,  481,  482,  483 


CONTENTS    OF    VOL.    I. 


XXXVil 


1789. —  Continued. 

Impost.    War,  Foreign,  and  Treasury  Departments.    Question  as  to 
removals  from  office.  Constitution  silent.  Four  opinions  advanced. 
Discussion.    Decision  of  H.  of  R.    Jay  and  Knox.    Treasury  De- 
partment.   Hamilton  -  483,  484 
Senate  Bill  for  Judiciary  Department.    Amendments  to  Constitution. 

Recent  illness  of  the  President  -      485 

To  Col.  James  Madison.    New  York,  July  5  -      485 

Domestic.    Novelty  and  difficulties  of  public  business.    Duties  on  im- 
ports and  tonnage.    No  distinction  to  be  made  between  nations  in 
and  those  not  in  Treaty.    Commercial  intercourse  with  Great  Brit- 
ain.   Amendments  to  the  Constitution  485,  486 
To  Edmund  Pendleton.    New  York,  July  15  -      487 
Pendleton's  remarks  on  the  Judiciary  bill.    Decision  of  H.  of  R.  on 
the  power  of  removal.    Why  the  Senate  should  not  participate  in 
it.     The  least  responsible  member  of  the  Government.     The  Ju- 
diciary.   Duties.    Collection  bill.    Regulations  for  Virginia          -      487 
To  Edmund  Randolph.    New  York,  July  15                                                 -      488 
Judiciary  bill.    Power  of  removal.    Opinions.    Impost  Act.    Collec- 
tion bill.    Virginia      -                                                                        488,  489 
To  James  Monroe.    New  York,  August  9     -                                                -      489 
Proposed  discrimination  between  Foreign  nations.    Gerry's  motion. 

Compensation  to  members  of  Congress  -      489 

Indian  affairs.    Militia  Bills        -  -      490 

To  Edmund  Randolph.    New  York,  August  21        -  -      490 

Amendments  to  the  Constitution.  Judiciary  bill.  Randolph's  dis- 
course in  the  Convention.  AVishes  him  to  deduce  from  his  notes 
the  argument  on  a  condensed  plan  -  490,  491 

To  Edmund  Pendleton.    New  York,  Sept.  14  -      491 

The  Judiciary  bill  defective.  Its  offensive  violations  of  Southern 
jurisprudence.  Amendments  from  the  Senate.  Permanent  seat  of 
the  Federal  Government.  Parties  on  the  subject  -  491,  492 

To  Edmund  Pendleton.    New  York,  Sept.  23  -      492 

Amendments  to  the  Judiciary  bill.  Bill  for  establishing  the  Susque- 
hannah  as  the  permanent  seat  of  Government.  Views  and  schemes. 
French  affairs  - 

The  King.    Neckar.    Fayette.    Committees  of  safety  on  the  Ameri- 
can model         -  -      494 
To  George  Washington.    Orange,  Nov.  20  -  -      494 
Spanish  movements.    Morris  on  the  residence  of  Congress.    Probable 
schemes,  &c.    Virginia  Legislature.    Henry,  and  the  project  of  the 
commutable.    Amendments  to  the  Federal  Constitution.    Quiet  of 
its  opponents    -                                                                                   495,  496 
To  George  Washington.    Orange,  Dec.  5      -            -           -  -      496 
Letters  of  Senators  of  Virginia,  written  by  R.  H.  Lee.    Proceedings 
of  the  Legislature.    Amendments  to  the  Federal  Constitution.    Ap- 
D 


I 


CONTENTS    OF    VOL.    I. 


1789.  —  Continued. 

pointments  of  Joseph  Jones  and  Spencer  Roane  as  Judges  of  the 
General  Court.  Death  of  Carey,  and  transfer  of  Mercer  to  Court  of 
Appeals  497,  498 

Letter  from  Senators  R.  H.  Lee  and  Wm.  Grayson  to  the  Legislature  of 

Virginia  -  499,500 

1790.—  fP.  500—522.1 

To  George  Washington.    Georgetown,  Jan.  4  -      500 

Amendments  to  the  Federal  Constitution  lost  in  the  Virginia  Assem- 
bly. Jefferson's  doubts  about  accepting  the  appointment  of  Secre- 
tary of  State.  His  fitness  for  it  - 

To  Thomas  Jefferson.    New  York,  Jan.  24   -  -      501 

Hamilton's  plan  of  Revenue.    Knox's  plan  of  militia.    Universal  anx- 
iety for  Jefferson's  acceptance  of  the  appointment  of  Secretary  of       L/ 
State.    French  politics  and  prices      -  501,  502 

To  Thomas  Jefferson.    New  York,  February  4        -  -      503 

Examination  of  Jefferson's  position  that  one  generation  of  men  has 

no  right  to  bind  another.    Objections  to  the  doctrine      503,  504.  505,  506 
To  Thomas  Jefferson.    New  York,  Feb.  14  -  ^"507 

Hamilton's  report.  Proposed  reduction  of  the  transferred  principal 
of  the  domestic  debt.  An  equitable  rule  would  be  to  allow  the 
highest  market  price  to  the  purchaser,  and  to  apply  the  balance  to 
the  original  sufferer.  Difficulty  of  the  plan  not  insuperable.  Bill 
for  taking  a  census.  Utility  of  a  decennial  repetition  of  it.  Con- 
temptously  thrown  out  by  the  Senate  -  507 

To  Edmund  Pendleton.    New  York,  March  4  -      507 

.  Census  act.    Report  of  Secretary  of  Treasury.    Plan  for  settling  do- 

mestic debt.  Equitable  view.  Proposed  assumption  of  the  State 
debts.  Effort  to  refer  the  assumption  to  the  State  of  the  debts  at  the 
close  of  the  war.  Unequal  bearing  of  an  assumption  of  the  exist- 
ing debts  in  Virginia  and  Massachusetts.  Case  of  South  Carolina. 
France.  The  Austrian  Netherlands.  Spain.  Influence  of  the  Amer- 
ican example  -  -  -  508,  509 

To  Dr.  Rush.    New  York,  March  7    -  -  -      509 

The  Doctor's  opinion  on  the  proposition  to  divide  the  payment  of  the 
domestic  debt  between  the  original  and  purchasing  holders  of  cer- 
tificates. Something  "radically  immoral,  and  consequently  im- 
politic," in  making  the  whole  payment  to  the  purchasers.  A  pam- 
phlet by  Dr.  Rush  -  -  510,  511 

To  Thomas  Jefferson.    New  York,  March  8  -  -  -  -  -      511 

Objections  to  the  proposed  plan  for  assuming  the  State  Debts  -      511 

To  Edmund  Randolph.    New  York,  March  14  ...      511 

A  decision  by  a  large  majority  not  coinciding  with  the  supposed  pre- 
vailing sense  of  the  People.  [Qu.?]  Assumption  of  State  debts. 
Course  of  the  Virginia  delegation.  Bland.  Debts  of  the  Union. 


CONTENTS    OF    VOL.    I.  XXXIX 

PAGE. 

1790.—  Continued. 

Proposed  National  Debt  511,  512 

To  Edmund  Randolph.    New  York,  March  21  -      512 

Domestic.  Language  of  Richmond  as  to  the  proposed  discrimination. 
Personal  animosity.  Debates  occasioned  by  the  Quakers.  State 
debts.  Paper  money  in  Georgia,  the  Carolinas,  &c.,  to  Rhode  Island. 
French  affairs  -  512,  513 

To  Edmund  Randolph.    New  York,  March  30         -  -      613 

Disappointment  in  seeing  the  President.    Resolutions  on  the  Treasury 

report.    Assumption  of  State  Debts.    Prospects       -  513, 514V 

To  Edmund  Pendleton.    New  York,  April  4  -      614 

Assumption  of  State  debts.  Bland.  Historical  magnitude  of  the 
American  Revolution.  Importance  of  the  proceedings  in  Virginia 
during  the  crisis  of  the  Stamp  Act.  Application  to  Randolph  for 
brief  notes  of  them  -  514,  515 

To  Gen.  Henry  Lee.    New  York,  April  13  -  -      515 

Public  prospects.  Seat  of  Government.  Reception  in  Virginia  of  the 
plan  of  discrimination.  The  rural  districts  there  not  in  unison  with 
the  cities  -  515 

Faults,  and  the  apology  for  them,  of  the  Report  of  the  Secretary  of 
the  Treasury.  Proposed  assumption  of  State  debts.  Contradictory 
decision.  Last  vote.  Zeal  and  perseverance  of  the  minority.  Lee's 
reflections  on  a  public  debt.  A  public  debt  a  public  curse,  especially 
in  a  republic  -  -  -  516 

To  Edmund  Pendleton.    New  York,  April  13  -      517 

Negative  of  the  proposed  assumption  of  State  debts.    The  project  not 

abandoned        -  517 

To  James  Monroe.    New  York,  April  17      -  -      517 

Same  subject.    Prophetic  menaces  of  the  Eastern  members    -  -      517 

To  Edmund  Pendleton.    New  York,  May  2  -  -      518 

Pendleton's  notes,  &c.,  on  the  subject  of  the  Stamp  Act.  New  experi- 
ments of  the  advocates  of  assumption  -      518 
To  Edmund  Pendleton.    New  York,  May  19  -      518 
Recent  critical  illness  of  the  President.  Commercial  relation  to  Great 
Britain.    Funding  of  the  public  debt.    Assumption  of  State  debts. 
Motives  of  its  advocates                      -                                             518, 519 
To  James  Monroe.    New  York,  June  1         -  -      519 
Assumption  revived.    Funding  bill.    Experiment  for  navigation  and 
commercial  purposes.    Opinions,  projects,  &c.,  as  to  temporary  and 
permanent  seat  of  Government.    Death  of  Bland.    President's  re- 
covery.   Jefferson       -                                                                       519, 520 
To  James  Monroe.    New  York,  June  17       -           -           -           -  -      520 
Question  concerning  the  seat  of  Government,  temporary  and  perma- 
nent.   Baltimore.    Assumption.    Funding  bill         -  -      520 
To  Edmund  Pendleton.    New  York,  June  22                       ...      620 
Pressure  of  business.    Funding  and  revenue  systems.   Assumption  of 
** 


xi  CONTENTS    OF    VOL.    I. 

PAGR. 

1790. — Continued. 

State  debts.     Seat  of  Government.     Great  Britain  itching  for 
war        -  -  520, 521 

To  James  Monroe.    New  York,  July  4  -      521 

Senate  bill  fixing  the  temporary  and  the  permanent  seat  of  Govern- 
ment.   Public  debt.    Assumption      -  521, 522 
To  James  Monroe.    New  York,  July  24  -      522 
Prospecta  of  the  Assumption.    Spirit  of  accommodation  necessary    -      522 

1Y91.— [P.  523—545.] 

To  Edmund  Pendleton.    New  York,  January  2       -  -      523 

Legal  character  of  the  stipulation  in  the  Treaty  concerning  the  recov- 
ery of  debts.  Construction  of  the  Legislation  on  the  Treaty.  Bear- 
ing of  the  Treaty  on  acts  of  limitation.  Rule  of  interpretation  should 
be  liberal  523,  524 

Meaning  of  the  phrase  "  Supreme  Law,"  as  applied  to  Treaties.  Au- 
thority to  annul  the  Treaty.  A  breach  on  one  side  discharges  the 
other,  if  that  other  sees  fit  to  take  advantage  of  the  breach.  Prac- 
tical inference  as  to  the  treaty  with  G.  Britain.  Hamilton's  plan 
of  a  Bank.  Randolph's  report  on  the  Judiciary.  Report  concern- 
ing the  assumed  debt.  Objections  and  difficulties.  Militia  bill. 
Public  Lands.  Weights  and  measures.  Case  of  Kentucky.  Ver- 
mont -  524, 525 
Letter  from  Lord  Mayor  of  London  to  Duke  of  Leeds.  Supposed  peace 

between  G.  Britain  and  Spain  -  -      526 

To  James  Madison.    Phila.,  Jan.  23  -  -  527 

Peace  between  G.  Britain  and  Spain.  Excise  bill.  Kentucky  bill. 
Bills  concerning  a  Bank,  the  militia,  Western  lands,  &c.  Webb's 
petition.  Statistical  inquiries  -  -  537 

To  Edmund  Pendleton.    Phila.,  Feb.  13      -  -  528 

Unconstitutionality  of  Bank  bill.    Excise.    A  direct  tax  offensive  in 
and  out  of  Congress.  Kentucky  bill.  Vermont.   Public  lands,  mili- 
tia, and  other  bills       -  ...      523 
To  Edmund  Pendleton.    February  13                       -  529 
Price  of  wheat.    Certificates.    Webb's  petition.    Excise  and  Bank 
bills.   Kentucky  admitted.    Bill  for  selling  the  Western  lands.    An 
earthquake.    Weather                                     ...          529  530 
SUBSTANCE  OF  A  CONVERSATION  HELD  BY  JAMES  MADISON,  JR.,  WITH  COL.  BECK- 

WITH,  AT  THE  DESIRE  OF  MR.  JEFFERSON,  SECRETARY  OF  STATE    -  530—534 

To  Thomas  Jefferson.    New  York,  May  1     -  -  .  .  .      534 

Priestley's  answer  to  Burke.  Jefferson's  idea  of  limiting  the  right  to 
bind  posterity,  germinating  under  Burke's  extravagance.  Rumor 
of  the  suppression  in  England  of  Paine's  answer  to  Burke.  Fraudu- 
lent practice  of  taking  out  administration  on  the  effects  of  deceased 
soldiers.  Great  amount  of  unclaimed  dues  to  the  U.  S.  Temptation 
to  the  collusion  of  clerks,  &c.  Indecent  conduct  of  partisans  of  the 


CONTENTS    OF    VOL.    I.  xli 

PAGE. 

1791. — Continued. 

Bank  bill.    King's  opinions  on  British  relations  to  U.  S.    Smith's 
suggestion  on  information,  &c.,  &c.     -  534,  535 

To  Thomas  Jefferson.    New  York,  May  12  -  -      535 

Jefferson  brought  into  the  frontispiece  of  Paine's  pamphlet.     J. 
Adams's  Defence,  &c.    His  anti-republican  discourses  since  he  has 
been  Vice  President.     Ridiculous  sensibility  of  Hammond  and 
Bond.    Possible  trip  to  Boston.    Political  prospects  in  Virginia    535,  536 
To  Thomas  Jefferson.    New  York,  June  23  -  -      537 

French  regulations  concerning  tobacco.  Publicola.    Pamphlet  on  the 

Bank     -  -      537 

To  Thomas  Jefferson.    New  York,  June  27  -  -      537 

Col.  Smith's  conversations  with  the  British  ministry     -  -      537 

J.  Adams's  difficulties.    Attack  on  Paine,  and  obnoxious  principles. 

His  letter  to  Wythe  in  1776     -  -      538 

To  Thomas  Jefferson,  New  York,  July  10     -  -      538 

Rise  of  Bank  shares.  Admission  and  inference.   Bank  jobbers.   Polit- 
ical gambling  -  -      538 
To  Thomas  Jefferson.    New  York,  July  13  -  -      539 
Beckley's  report  of  J.  Adams's  unpopularity.     Publicola.    J.  Q. 

Adams.    J.  Adams's  method  and  style  -      539 

Bank  shares.  Alleged  manoeuvres  of  Philadelphia  to  the  prejudice  of 
New  York,  Boston,  and  Baltimore.  Remark  attributed  to  Pitt.  G. 
Morris.  Luzerne.  Beckwith.  Paine  -  539, 540 

To  Thomas  Jefferson.    New  York,  August  4  -      540 

Speculations  in  stock,  &c.,  carried  on  with  money  borrowed  at  heavy 

usury     -  -      540 

To  Thomas  Jefferson.    New  York,  August  8  -      541 

Surmise  as  to  the  deferred  debt.  Difference  between  old  paper  under 
a  bad  Government,  and  new  paper  under  a  good  one.  Moral  and 
political  dangers  from  the  Bank.  The  stock  jobbers  •  541 

To  Robert  Pleasants.    Phila.,  October  30    -  -      542 

Petition  concerning  the  Militia  bill.  Personal  objection  to  presenting 
the  petition  concerning  slavery.  Probable  effect  of  such  an  appli- 
cation to  the  Legislature  of  Virginia,  on  the  existing  privilege  of 
manumission  -  -  542, 543 

To  Gen.  Henry  Lee.    Phila.,  Dec.  18  -      543 

Freneau.    The  Western  disaster  '-     543 

To  Edmund  Pendleton.    Phila.,  Dec.  18  -      543 

Discussion  before  the  Federal  Court  at  Richmond.  Proceedings  of 
Congress.  Disagreement  of  the  two  Houses  on  the  Representation 
bill.  Fractions.  Prospects  as  to  the  result  -  -  544 

Hammond's  reported  disavowal  of  encouragement  by  the  Government 
of  Canada  to  Indian  hostilities.  T.  Pinckney  to  be  Minister  to  Lon- 
don. French  affairs.  The  King's  acceptance  of  the  Constitution. 
Election  of  the  Legislative  Assembly  -----  545 


CONTENTS    OF    VOL.    I. 

PAGE. 

1792.— [P.  545—574.] 

To  Edmund  Pendleton.    Phila.,  Jan.  21        -  -      545 

The  Representation  bill.  Proposed  compensation  for  present  inequality 

of  fractions.    How  relished     -  -      546 

H.  of  Reps,  occupied  with  shut  doors  on  the  subject  of  the  Western 
frontiers.  Hamilton's  report  on  manufactures.  Its  Constitutional 
doctrine.  Subversion  of  the  fundamental  and  characteristic  princi- 
ple of  the  Govt.  The  phrase,  "  General  Welfare,"  copied  from  the 
Articles  of  Confederation;  and  always  understood  as  nothing  more 
than  a  general  caption  to  the  specified  powers,  and  therefore  pre- 
ferred in  the  Constitution  as  less  liable  to  misconstruction  -  546,  547 
To  Gen.  Henry  Lee.  Jan.  29  -  547 

Western  defence.    Justifying  memorial  of  the  Executive        -  -      547 

To  Gen.  Henry  Lee.    February  12    -  -      547 

Military  bill  in  the  Senate.    Suggested  exchange  of  stations.    Corn- 

wallis  and  Tippoo  547,  548 

To  Edmund  Pendleton.    Phila.,  Feb.  21  548 

Report  on  manufactures.  Bill  concerning  election  of  President  and 
Vice  President.  Question  as  to  number  of  electors.  Provision  for 
case  of  a  double  vacancy,  certainly  erroneous.  Various  objections 
to  it.  Proposition  in  H.  of  R.  to  substitute  the  Secretary  of  State. 
Another  Representation  bill  -  548,  549 

To  Edmund  Pendleton.    Phila.,  March  25    -  -      549 

Perseverance  and  victory  of  the  Northern  members  on  the  Represen- 
tation bill.  Result  unconstitutional.  Treasury  reports.  Militia  bill. 
Mint.  St.  Domingo.  Failure  of  a  New  York  speculator.  Extensive 
ruin  caused  by  it  549,  550 

To  Gen.  Henry  Lee.    Phila.,  March  28        -  -      551 

Gen.  St.  Glair.  Proposed  inquiry  into  the  cause  of  Western  calamities. 
Mint  bill.   Proposition  of  the  Senate  to  stamp  the  head  of  the  Pres- 
ident, for  the  time  being,  on  one  side  of  the  coin      -  551,  552 
To  Edmund  Pendleton.    Phila.,  April  9        -  -      552 
President  negatives  the  Representation  bill.    Assumption  of  the  re- 
mainder of  the  State  debts.    Western  defence.    Bankruptcies  in 
New  York        -                                              ....      552 
To  Gen.  Henry  Lee.    Phila.,  April  15                       •           -            -            -      553 
Nominations  for  General  officers.    Wilkinson.    Commander-m-Chief. 

Anticipations,  &c.,  as  to  a  military  appointment.    Gen. 

Lee's  present  station  as  Governor  of  Virginia.    Augmented  duties. 
Speculating  and  Banking  in  New  York.    President's  negative  on 
the  Representation  bill.     The  law  providing  for  invalid  pensioners 
pronounced  by  the  Judges  to  be  unconstitutional.    The  power      553,  554 
SUBSTANCE  OF  A  CONVERSATION  WITH  THE  PRESIDENT,  MAY  5,  1792: 

The  subject  of,  the  mode,  and  time  for  making  known,  the  President's 
intention  of  retiring  from  public  life,  on  the  expiration  of  bis  four 
years  -  .....  554—559 


CONTENTS    OF    VOL.    I. 

PAGE. 

1792. — Continued. 

May  9,  25.    Farther  conversation,  &c.,  on  the  subject  -          559,  560 

To  Mr.  Jefferson.    Orange,  June  12  -  -      560 

Answer  to  Hammond.    Criticisms  in  the  cabinet.    Kentucky.   Brown. 
Campbell.    Muter.    Brackenridge.    Greenup.    The  Excise.    Effect 
of  Sidney,  a  writer  in  the  Gazette.    Tax  on  newspapers.    Freneau      561 
Drought.  Crops.    Meeting  with  the  President  on  the  road.    Problem 
as  to  his  declining  a  re-election.    Monroe.    Mease's  oration  on  Hy- 
drophobia.   Tableau  of  national  debts  and  polls      -  »::-      562,563 
To  President  Washington.    Orange,  June  21   -        -  -      563 
Questions  as  to  a  notification  of  Washington's  purpose  to  retire.  Time, 
mode,  valedictory  address;  whether  notification  and  address  should 
be  separate  acts,  or  blended  together.  Requests  reconsideration  of 
the  purpose  to  retire.    Encloses  draught  of  an  address,  following 
the  prescribed  outline                         -                                     563, 564, 565 
THE  DRAUGHT  above  referred  to                                                        -         565 — 568 
To  Edmund  Randolph.    Orange,  Sept.  13    -                                                -      569 
A  publication  in  Fenno's  paper.    Jefferson.    Freneau's  talents,  mer- 
its, and  sufferings  in  the  Revolution.    The  application  for  his  ap- 
pointment to  his  present  Clerkship  suggested  by  Gen.  H.  Lee.    Ad- 
vice to  establish  a  press  in  Phila.    Motives.    Calumnious  charges. 
Why  they  have  not  been  publicly  answered  -                                   569,  570 
To  Edmund  Pendleton.    Phila.,  Nov.  16       -                                              -      571 
President's  speech,  and  answers  of  the  two  Houses.    Answer  of  H. 
of  R.  as  to  the  Excise.    Criticisms.    Anonymous  pamphlet  reflect- 
ing on  Madison  and  other  of  Pendleton's  friends 
To  Edmund  Pendleton.    Phila.,  Dec.  6     -;  - 

French  affairs.    Formidable  combination  against  the  Revolution,  &c. 
Disposition  of  the  nation.    Newspaper  tax.    Election  of  Vice  Pres- 
ident.  J.  Adams  and  Gov.  Clinton.    Political  principles  of  Adams. 
Harvest  in  Europe.    Prices.    Col.  Taylor.    Jefferson's  probable  re- 
tirement -  -  -  572,  573 
To  Edmund  Pendleton.    Phila.,  Dec.  10       -  -      573 
New  Treasury  Report.    Query  as  to  a  tax  on  horses.    Operation  of  it 
in  different  places.    Queries  -                                  -<                    573, 574 

1793.— [P.  574—654.] 

To  Edmund  Pendleton.    Phila.,  Feb.  23      -  -      574 

Talents,  &c.,  of  [John  Taylor]  successor  to  R.  H.  Lee.  Approaching 
election  in  Virginia  for  H.  of  R.  Mr.  C.  Scrutiny  into  administra- 
tion of  Treasury  Dept.  Giles's  resolutions.  British  Ministry.  Paine. 
French  affairs.  Spain  574,  575 

To  Thomas  Jefferson.    Orange,  April  12      -  -      576 

Dunlap.  Evil  of  premature  denunciations.  Public  sentiment  in  Vir- 
ginia. Election  for  H.  of  R.  The  only  discontinued  representa- 
tive from  Virginia  in  the  last  Congress.  Member  for  the  Alexan- 


CONTENTS    OF    VOL.    I. 

PAGE. 

1793. — Continued. 

dria  district.  G.'s  vote  on  the  resolutions  of  censure.  J.  Cole, 
Hancock,  Preston,  Brackenridge,  Greenup.  Sympathy  with  fate  of 
Louis  XVI.  The  man  and  the  monarch.  Prospect  as  to  crops. 
Weather.  Ploughs  -  576,577 

To  Thomas  Jefferson.    Orange,  May  8  -      578 

Wish  that  Genet  may  be  properly  received.  Impression  as  to  effect 
of  the  Treaty.  The  Proclamation.  Quibbling  on  Vattel.  Effect  of 
a  change  of  Government  on  public  engagements.  Weather.  Vege- 
tation. Pamphlet  on  the  proceedings  in  the  case  of  the  Secretary 
of  the  Treasury  578,  579 

To  Thomas  Jefferson.    May  27  -      579 

Jefferson's  longings  for  private  life.  Objections  to  their  gratification. 
Genet.  Fiscal  party  in  Alexandria.  Georgetown.  Fredericksburg. 
The  executive.  Secret  Anglomany  -  579,  580 

To  Thomas  Jefferson.    Orange,  June  13       -  -      580 

Letter  to  a  French  minister.    Apostasy  of  Dumouriez  -      580 

Criticisms  on  the  President's  proclamation.  Authority  to  declare  the 
disposition  of  the  U.  S.  on  a  question  of  war  or  peace.  Snares  for 
the  President  -  581,  582 

Sentiment  of  Virginia  concerning  liberty  and  France.   Heretical  tone 

of  the  towns.    Weather.    Crops.    Kentucky  coffee  trees     -          582,  583 
To  Thomas  Jefferson.    Orange,  June  17       -  -      583 

French  affairs.  W.  C.  Nicholas.  Sympathy  of  the  People  of  Virginia 
with  the  French  Revolution.  Jay's  judicial  opinion  on  a  question 
concerning  British  debts.  Reflections  583,  584 

To  Thomas  Jefferson.    Orange,  June  19  -      584 

Anglified  complexion  charged  on  the  Executive  politics.    The  Proc- 
lamation an  unfortunate  error.    Reflections  -  -      584 
To  Thomas  Jefferson.    June  29  -      585 
The  Proclamation.  Seizure  and  search  of  American  vessels  for  French 

goods    -  -      585 

To  Thomas  Jefferson.    July  18  ....      535 

A  subject  recommended  to  the  writer's  attention.  [Qu.:  Pacificus?] 
Pamphlet  and  ploughs.  Genet's  folly.  De  la  Forest.  Harvest 

585,  586 

To  Thomas  Jefferson.    July  22  -  ...      536 

W.  C.  Nicholas.  E.  Randolph.  Their  sentiments  on  the  French  Rev- 
olution. Allowance  to  be  made  in  conversations,  &c.  Suspicions 
of  Nicholas  imputing  to  Hamilton  a  secret  design  against  the  Pres- 
ident. Printed  papers.  [Qu.:  Pacificus  ?]  Difficulties  in  the  way  of 
discussing  the  subject.  Controversial  precautions  -  -  586,  587,  588 

To  Thomas  Jefferson.    July  30  -  ....      538 

Acknowledgment  of  papers,  &c.,  received.  Has  forced  himself  into 
the  task  of  a  reply  [to  Pacificus.]  Vexations.  "  Prolixity  and  per- 
tinacity "  of  the  antagonist.  Question  as  to  ideas  of  France  and  of 


CONTENTS    OF    VOL.    I. 

PAGE. 

1793.— Continued. 
the  President  on  certain  points  588,  589 

The  President's  journey  to  Virginia.    Errors  as  to  public  sentiment. 

Ploughs.    Dr.  Logan.    Crops.    Weather       -  589, 590 

To  Thomas  Jefferson.    August  5  -      590 

Jefferson's  distressing  account  of  Genet's  proceedings.  His  folly.  Sus- 
picions.   Last  topic  of  Pacificus.    His  feeble  defence  of  an  import- 
ant point  -  -      590 
To  Thomas  Jefferson.    August  11     -                       -  -      591 

Key  to  the  cypher  left  wanting.  Necessity  of  abridging  the  answer 
to  Pacificus.  Particular  delicacy  of  one  topic.  Pamphlet  against 
the  fiscal  system,  by  the  reputed  author  of  Franklin.  Communica- 
tion to  P.,  &c.  -  -  591 

Paper  for  J.  F.  Requests  critical  examination,  &c.,  &c.,  and  erasure 
of  quotation  from  the  Federalist,  if  deemed  objectionable  on  the 
ground  of  delicacy.  Drought  -  -  592 

To  Thomas  Jefferson.    August  20     -  -      593 

Proposed  visit  to  Monroe.  Requests  aid  concerning  the  publication 
of  Helvidius.  The  last  No.  required  particular  care,  but  necessarily 
hurried.  More  quotations  from  the  Federalist,  to  be  omitted  if, 
&c.,  &c.  Paragraph  concerning  Spain.  President's  answers  to  ad- 
dresses. Drought  -  593, 594 
To  Thomas  Jefferson.  At  Col.  Monroe's,  Aug.  22  -  -  594 

Helvidius.    Apology  for  an  error  of  fact  -      594 

To  Thomas  Jefferson.    August  27     -  -      595 

Certificate  of  Jay  and  King.  Wythe  at  the  head  of  certain  proceed- 
ings at  Richmond.  His  disgusts  from  the  State  legislature.  Plan 
for  making  political  use  of  Genet's  indiscretions.  Counteraction. 
Wish  for  Pendleton's  support  595,  596 

To  Thomas  Jefferson.    September  2  -  -      596 

Genet's  unaccountable  and  distressing  conduct.  Use  made  of  it.  An- 
tidote to  the  poison.  Encloses  sketch  of  ideas  for  use  at  county 
meetings.  Conversation  between  the  President  and  Jefferson.  Anx- 
iety to  retain  J.  in  office.  Reasons  for  his  remaining.  His  contin- 
gent successor  would  probably  be  King  or  E.  Rutledge.  Monroe's 
perplexity  about  Genet.  Suggestion.  Palliatives  of  Genet's  con- 
duct in  certain  errors  of  our  own  Government  597,  598 

W.  C.  Nicholas.  E.  Randolph  drew  the  proclamation,  and  reprobates 
the  comment  of  Pacificus.  Hamilton.  The  task  to  be  resumed.  Its 
awkwardness.  Visitors  •  '«•'  *  -  599 

SKETCH  OF  IDEAS  ON  FKENCH  RELATIONS,  TO  BE  USED  AT  COUNTY  MEETINGS   599 — 601 
To  James  Monroe.    September  15     -  -      601 

Mad  conduct  of  Genet.  Its  effect  on  his  own  votaries  in  Philadel- 
phia; on  Anglicans  and  Monocrats.  War  of  G.  Britain  on  Ameri- 
can commerce.  Malignant  fever  in  Philadelphia.  Jefferson,  and 
a  composition  of  John  Taylor  ....  601,  602 


xlvi  CONTENTS    OF    VOL.    I. 

PAGE. 

1793.—  Continued. 

To  George  Washington.    Orange,  Oct.  24   -  -      602 

Questions  as  to  the  meeting  of  Congress,  arising  from  the  existence  of 
malignant  fever  at  Philadelphia.    Duty  and  constitutional  power 
of  the  Executive.    Conclusion.    Draught  of  notification      -602,603,604 
To  James  Monroe.    October  29         -  -      605 

Resolutions  proposed  at  Fredericksburg.  Letter  from  Bordeaux. 
Culpeper  meeting.  Fauquier  resolutions.  Davis's  papers.  Forward 
corn,  &c.  605>  606 

HELVIDIUS,  IN  ANSWER  TO  PACIFICUS,  [ALEXANDER  HAMILTON,]  ON  PRESIDENT 

WASHINGTON'S  PROCLAMATION  OF  NEUTRALITY,  APRIL  22,  1793        607 — 654 
Answer  to  the  argument  that  the  powers  of  declaring  war  and  treaties 

are,  in  their  nature,  Executive  powers  612 — 619,  621 

In  G.  B.  they  are  royal  prerogatives     -  -      619 

The  Federalist,  No.  75    -  -      620 

Argument  from  the  admissions  that  the  right  to  declare  war  is  vested 
in  the  Legislature,  and  that  it  includes  the  right  to  judge  whether 
the  U.  S.  be  obliged  to  declare  war  or  not  -  -  622—626 

Neutrality  denned  -  -      627 

Answer  to  the  argument  founded  on  the  clause  of  the  Constitution  de- 
claring that  the  President  "  shall  take  care  that  the  laws  be  faith- 
fully executed "  -         626—630 
Asserted  right  and  duty  of  the  Executive  to  interpret  certain  treaty 

stipulations      -  -      630 

Inferences  from  the  right  of  the  Executive  to  receive  public  ministers 

>  631,  632 

Federalist,  No.  69.  The  authority  of  the  Executive  does  not  extend  to 
a  question  whether  an  existing  Government  ought  to  be  recognised 
or  not  -  -  633 

Right  of  every  nation  to  abolish  an  old  Government  and  establish  a 

new  one  -      633 

Treaties  formed  by  the  Government  are  treaties  of  the  Nation,  unless 

otherwise  expressed  in  the  treaties    -  -      634 

Treaties  not  affected  by  a  change  of  Government         -  -      634 

No  more  right  in  the  Executive  to  suspend,  &c.,  a  treaty  on  account 

of  a  change  of  Government,  than  to  suspend  any  other  law  -      634 

Draught  of  a  supposed  Proclamation  founded  on  the  prerogative  and 

policy  of  suspending  the  Treaty  with  France  -  634,  635 

Qualification  of  the  suspending  power.    Answer         -  -         635 — 638 

Public  rights  of  two  sorts.    Supposed  cases     -  636,  637 

Towering  prerogative  claimed  for  the  Executive         ...      639 
Position  of  the  Legislature         -  -  639,  640 

Summary  of  the  view  taken  in  the  preceding  Nos.       ...      640 
Tendency  and  consequence  of  the  new  doctrine  -  -         640 — 643 

Axiom,  that  the  Executive  is  the  department  of  power  most  distin- 
guished by  its  propensity  to  war.  Practice  of  free  States  to  disarm 


CONTENTS    OF    VOL.    I. 

PAGE. 

1793. — Continued. 
this  propensity  of  its  influence  ...      643 

Refusal  of  the  Constitution  to  vest  in  the  Executive  the  sole  power  of 
making  peace  -  -  -  644 

Federalist,  No.  75.    Reflections-  644,645 

Assumption  that  the  Proclamation  has  undertaken  to  decide  the  ques- 
tion, whether  there  be  a  cause  of  war,  or  not,  in  the  article  of  guar- 
anty between  U.  S.  and  France,  and  in  so  doing  has  exercised  the 
right  claimed  for  the  Executive  Department.  Application  of  the 
term  "  Government"  to  the  Executive  authority  alone  -  646,  647 

Nature  of  a  Proclamation  in  its  ordinary  use    -  647 

Unusual  and  unimplied  meaning  ascribed  to  President  Washington's 
Proclamation.  Term  "  neutrality  "  not  in  it.  Legal  and  rational 
grounds  for  it  -  -  648 

Part  of  it  declaring  the  disposition,  &c.,  of  U.  S.  in  relation  to  the 
war  in  Europe  -  -  648,  649 

It  does  not  require  the  construction  put  on  it  by  Paciflcus      -  -      649 

Reasons  why  the  President  cannot  be  supposed  to  have  intended  to 
embrace  and  prejudge  the  legislative  question,  whether  there  was 
or  was  not,  under  the  circumstances  of  the  case,  a  cause  of  war  in 
the  article  of  guaranty  -  649 

No  call  from  either  of  the  parties  at  war  wiCh  France,  for  an  expla- 
nation of  the  light  in  which  the  guaranty  was  viewed  649,  650 

An  inadmissible  presumption     -  -  ...      550 

Farther  reasons  against  supposing  that  a  precipitate  and  ex  parte  de- 
cision of  the  guaranty  question  could  have  been  intended  by  the 
Proclamation  -  -  651 — 853 

Silence  of  the  Executive  since  the  accession  of  Spain  and  Portugal  to 
the  war  against  France  ...  653, 654 

Proper  sense  of  the  Proclamation          .....      654 


MEMORANDUM 

OF 

LEADING  DATES,  ETC., 

IN  THE 


1751.  March  16,  N.  S.    [1750,  March  5,  0.  S.]   Born  in  King  George 

county,  Virginia. 
.  His  early  education,  at  the  school  of  Donald  Robertson,  in  King 

and  Queen  county;  and  afterward  at  home,  under  the  private 

tuition  of  the  Rev.  Thomas  Martin. 

1769.  Becomes  a  student  of  the  College  of  New  Jersey,  at  Princeton. 
1771.  Takes  the  degree  of  Bachelor  of  Arts. 

1775.  Chairman  of  the  Committee  of  Public  Safety  for  the  county  of 

Orange. 

1776.  April.     Chosen  a  member  of  the  new  Virginia  Convention  at 

Williamsburg. 

1777.  November.     Elected  by  the  Legislature,  a  member  of  the  Coun- 

cil of  State. 

1780.  March  4,  to  the  first  Monday  in  November  1783,  a  delegate 
from  Virginia  to  the  Congress  of  the  Confederation. 

1780.  October  17.  His  report  from  a  Committee,  consisting  of  him- 
self, Mr.  Sullivan,  and  Mr.  Duane,  to  prepare  instructions  to 
Dr.  Franklin  and  Mr.  Jay  in  support  of  the  claims  of  the 
United  States  to  Western  territory,  and  the  free  navigation  of 
Mississippi  River. 

1783.  April  26.  From  a  Committee,  consisting  of  himself,  Mr.  Ells- 
worth, and  Mr.  Hamilton,  he  prepares  an  Address  to  the 
States,  urging  the  grant  of  power  to  Congress  to  lay  certain 
duties  for  the  payment  of  the  public  debt;  the  levying  by  the 
States  of  a  revenue  for  paying  the  interest  of  the  debt;  and 
that  the  States  should  make  liberal  cessions  to  the  Union,  of 

their  territorial  claims. 

Xlix 


n  MEMORANDUM    OF 

1784.  Elected  a  member  of  the  Legislature  of  Virginia.     Prepares 

Remonstrance  and  Memorial  in  favor  of  Religious  Liberty. 

1785.  As  Chairman  of  the  Committee  of  Courts  of  Justice,  reports  a 

plan  for  establishing  Courts  of  Assize.  His  labors  in  the  gen- 
eral revisal  of  the  Statute  laws.  Advocates  successfully  the 
enactment  of  a  law  by  Virginia,  to  repress  and  punish  enter- 
prises by  her  citizens  against  nations  with  which  the  United 
States  are  at  peace.  [Filibustering.] 

His  proposition  for  the  execution  of  the  Treaty  of  peace  con- 
cerning British  debts. 

Suggests  a  proposition  for  the  appointment  of  Commissioners  to 
consider  of  the  state  of  trade  in  the  Confederacy. 

1786.  Appointed,  with  six  others,  as  Commissioners  from  Virginia  to  a 

Convention  at  Annapolis. 

Drafts  the  report  of  the  Commissioners  to  the  Legislatures  by 
which  they  had  been  appointed,  recommending  a  second  Con- 
vention of  delegates  to  a  Convention  to  be  held  at  Philadel- 
phia on  the  second  Monday  of  May,  1787,  for  a  general  revi- 
sal of  the  Constitution  of  the  Federal  Government. 

His  effort  for  the  disposal  of  the  Public  Lands,  leading  to  a 
modification  of  the  terms  of  cession,  and  to  the  ordinance  for 
the  Government  of  the  North  Western  territory,  which  was 
afterward  [13th  of  July,  1787]  adopted  by  Congress. 

1787.  One  of  a  Committee  of  five  members  for  revising  the  style  and 

arranging  the  articles  of  the  Constitution  which  had  been 
agreed  to  by  the  Convention  at  Philadelphia,  and  for  prepar- 
ing an  address  to  the  People  of  the  United  States. 

The  leading  advocate  of  the  new  Constitution. 

In  conjunction  with  Alexander  Hamilton  and  John  Jay,  writes 
"The  Federalist."* 


*  Of  the  eighty-five  Numbers  of  the  "Federalist,"  Nos.  1,  6,  7,  8,  9,  11,  12,  13, 
15,  16,  17,  21  to  36,  59,  60,  61,  65  to  85,  were  written  by  Hamilton;  Nos.  10,  14, 
37  to  58,  by  Madison;  Nos.  2,  3,  4,  5,  64,  by  Jay;  and  Nos.  18,  19,  20,  by  Ham- 
ilton and  Madison,  jointly.  In  a  copy*  of  the  Federalist  lent  by  Mr.  Madison  to 
Mr.  Jacob  Gideon,  of  Washington  city,  the  publisher  of  the  edition  of  1818,  is 
the  following  MS.  note,  written  by  Mr.  Madison,  on  the  leaf  commencing  with 
No.  18 : 

"  The  subject  of  this  and  the  two  following  numbers  happened  to  be  taken  up 
"  by  both  Mr.  H.  and  Mr.  M.  What  had  been  prepared  by  Mr.  H.,  who  had  en- 
*  Now  in  the  Washington  Library. 


"LEADING    DATES.  ]j 

1789 1797.  A  member  of  the  1st,  2nd,  3rd,  and  4th  Congresses 

under  the  new  Constitution. 

1793.  Writes   "  Helvidius,"  in   answer  to   "Pacificus,"    (Alexander 

Hamilton,)  on  President  Washington's  Proclamation  of  Neu- 
trality, April  22,  1793. 

1794.  September  15.     Marries  Mrs.  Dolly  P.  Todd. 

1798.  December  21.     Prepares  Resolutions  of  the  Legislature  of  Vir- 

ginia against  the  Alien  and  Sedition  Laws. 

1799.  Elected  to  the  House  of  Delegates  of  Virginia  from  Orange  County. 
1799 — 1800.     Prepares  other  Resolutions  on  the  same  subject,  and  a 

report  in  reply  to  answers  received  from  other  States. 
1801 — 1809.  Secretary  of  State  during  President  Jefferson's  Adminis- 
tration. 

His  Reports,  diplomatic  letters,  &c.,  &c. 
1806.  His  Examination  of  the  British  doctrine  relating  to  Neutral 

Trade. 
1809—1817.  President  of  the  United  States. 

His  messages,  annual  and  special,  &c.,  &c. 
1826.  Rector  of  the  University  of  Virginia. 

1829.  A  delegate  from  the  district  of  Spottsylvania,  Louisa,  Orange, 
and  Madison,  to  the  Convention  of  Virginia  for  revising  the 
Constitution  of  the  Commonwealth. 
1833.     President  of  the  American  Colonization  Society. 

1835.  President  of  the  Washington  National  Monument  Society. 

1836.  June  28.     Dies  at  his  residence,  Montpellier,  Orange  county, 

Virginia. 

"  tered  more  briefly  into  the  subject,  was  left  with  Mr.  M.,  on  its  appearing  that 
"  the  latter  was  engaged  in  it,  with  larger  materials,  and  with  a  view  to  a  more 
"  precise  delineation ;  and  from  the  pen  of  the  latter,  the  several  papers  went  to 
"  the  Press." 


WORKS  OF  MADISON. 


LETTERS. 


TO  THE  REVEREND  THOMAS  MARTIN. 

NASSAU  HALL,  August  16,  1769. 

REV.  SIR, — I  am  not  a  little  affected  at  hearing  of  your  mis- 
fortune, but  cannot  but  hope  the  cure  may  be  so  far  accom- 
plished as  to  render  your  journey  not  inconvenient.  Your  kind 
advice  and  friendly  cautions  are  a  favor  that  shall  be  always 
gratefully  remembered;  and  I  must  beg  leave  to  assure  you  that 
my  happiness,  which  you  and  your  brother  so  ardently  wish  for, 
will  be  greatly  augmented  by  both  your  enjoyments  of  the  like 
blessing. 

I  have  been  as  particular  to  my  father  as  I  thought  necessary 
for  this  time,  as  I  send  him  an  account  of  the  institution,  &c., 
&c.,  and  of  the  college,  wrote  by  Mr.  Blair,  the  gentleman  for- 
merly elected  President  of  this  place.  You  will  likewise  find 
two  pamphlets  entitled  "Britannia's  Intercession  for  John 
Wilkes,"  &c.,  which,  if  you  have  not  seen  it,  perhaps  may  divert 
you. 

I  am  perfectly  pleased  with  my  present  situation;  and  the 
prospect  before  me  of  three  years'  confinement,  however  terrible 
it  may  sound,  has  nothing  in  it,  but  what  will  be  greatly  allevi- 
ated by  the  advantages  I  hope  to  derive  from  it. 

The  near  approach  of  examination  occasions  a  surprising  ap- 
plication to  study  on  all  sides,  and  I  think  it  very  fortunate 

VOL.   I.  1 


2  WORKS    OF    MADISON.  1769. 

that  I  entered  college  immediately  after  my  arrival.  Though 
I  believe  there  will  not  be  the  least  danger  of  my  getting  Jta 
Irish  hint,  as  they  call  it,  yet  it  will  make  my  studies  somewhat 
easier.  I  have  by  that  means  read  over  more  than  half  Horace 
and  made  myself  pretty  well  acquainted  with  prosody,  both 
which  will  be  almost  neglected  the  two  succeeding  years. 

The  very  large  packet  of  letters  for  Carolina  I  am  afraid  will 
be  incommodious  to  your  brother  on  so  long  a  journey,  to  whom 
I  desire  my  compliments  may  be  presented;  and  conclude  with 
my  earnest  request  for  a  continuance  of  both  your  friendships, 
and  sincere  wishes  for  your  recovery,  and  an  agreeable  journey 
to  your  whole  company. 

I  am,  sir,  your  obliged  friend  and  obedient  servant. 


TO  JAMES   MADISON. 

NASSAU  HALL,  September  30,  1769. 

HONORED  SIB,— I  received  your  letter  by  Mr.  Kossekrans, 
and  wrote  an  answer;  but  as  it  is  probable  this  will  arrive 
sooner  which  I  now  write  by  Dr.  Witherspoon,  I  shall  repeat 
some  circumstances  to  avoid  obscurity. 

On  Wednesday  last  we  had  the  usual  commencement.  Eigh- 
teen young  gentlemen  took  their  Bachelor's  degrees,  and  a  con- 
siderable number  their  Master's  degrees.  The  degree  of  Doctor 
of  Laws  was  bestowed  on  Mr.  Dickinson  the  Farmer,  and  Mr. 
Galloway  the  Speaker  of  the  Pennsylvania  Assembly,  a  distin- 
guishing mark  of  honor,  as  there  never  was  any  of  that  kind 
done  before  in  America.  The  commencement  began  at  ten 
o'clock,  when  the  President  walked  first  into  the  church,  a 
board  of  trustees  following,  and  behind  them  those  that  were  to 
take  their  first  degrees.  After  a  short  prayer  by  the  President, 
the  head  oration,  which  is  always  given  to  the  greatest  scholar 
by  the  President  and  Tutors,  was  pronounced  in  Latin  by  Mr. 
Samuel  Smith,  son  of  a  Presbyterian  minister  in  Pennsylvania. 
Then  followed  the  other  orations,  disputes,  and  dialogues,  dis- 


1769.  LETTERS.  3 

tributed  to  each  according  to  his  merit,  and  last  of  all  was  pro- 
nounced the  valedictory  oration  by  Mr.  John  Henry,  son  of  a 
gentleman  in  Maryland.  This  is  given  to  the  greatest  Orator. 
We  had  a  very  great  assembly  of  people,  a  considerable  number 
of  whom  came  from  New  York;  those  at  Philadelphia  were 
most  of  them  detained  by  Races  which  were  to  follow  on  the 
next  day. 

Since  commencement,  the  trustees  have  been  sitting  about 
business  relative  to  the  college,  and  have  chosen  for  tutors  for 
the  ensuing  year,  for  the  junior  class,  Mr.  Houston  from  North 
Carolina,  in  the  room  of  Mr.  Peream;  for  the  freshman  class, 
Mr.  Reeve,  (a  gentleman  who  has  for  several  years  past  kept  a 
school  at  Elizabethtown,)  in  the  room  of  Mr.  Pemberton.  The 
sophomore  tutor,  Mr.  Thomson,  still  retains  his  place,  remark- 
able for  his  skill  in  the  sophomore  studies,  having  taken  care 
of  that  class  for  several  years  past.  Mr.  Halsey  was  chosen 
junior  tutor,  but  refused.  The  trustees  have  likewise  appointed 
Mr.  Caldwell,  a  minister  at  Elizabethtown,  to  take  a  journey 
through  the  Southern  Provinces  as  far  as  Georgia,  to  make  col- 
lections by  which  the  college  fund  may  be  enabled  to  increase 
the  library,  provide  an  apparatus  of  mathematical  and  philo- 
sophical instruments,  and  likewise  to  support  professors,  which 
would  be  a  great  addition  to  the  advantages  of  this  college. 
Dr.  Witherspoon's  business  to  Virginia  is  nearly  the  same,  as  I 
conjecture,  and  perhaps  to  form  some  acquaintance  to  induce 
gentlemen  to  send  their  sons  to  this  college. 

I  feel  great  satisfaction  from  the  assistance  my  uncle  has  re- 
ceived from  the  springs,  and  I  flatter  myself  from  the  continu- 
ance of  my  mother's  health  that  Dr.  Shore's  skill  will  effectually 
banish  the  cause  of  her  late  indisposition. 

I  recollect  nothing  more  at  present  worth  relating,  but  as 
often  as  opportunity  and  anything  worthy  your  attention  shall 
occur,  be  assured  you  shall  hear  from 

Your  affectionate  son. 


4  WORKS    OF    MADISON.  1770. 

TO  ME.  JAMES  MADISON. 

NASSAU  HALT.,  July  23, 1770. 

HONORED  SIB,—       * 

We  have  no  public  news  but  the  base  conduct  of  the  mer- 
chants in  New  York  in  breaking  through  their  spirited  resolu- 
tions not  to  import;  a  distinct  account  of  which  I  suppose  will 
be  in  the  Virginia  Gazette  before  this  arrives.  Their  letter  to 
the  merchants  in  Philadelphia  requesting  their  concurrence,  was 
lately  burnt  by  the  students  of  this  place  in  the  college  yard,  all 
of  them  appearing  in  their  black  gowns,  and  the  bell  tolling. 

The  number  of  students  has  increased  very  much  of  late; 
there  are  about  an  hundred  and  fifteen  in  college,  and  in  the 
grammar  school  twenty-two  commence  this  fall,  all  of  them  in 
American  cloth. 

With  my  love  to  all  the  family,  I  am,  honored  sir,  your 
affectionate  son. 


TO  JAMES  MADISON,   ESQ. 

PRINCETON,  October  9,  1771. 

HONORED  SIR, — In  obedience  to  your  requests  I  hereby  send 
you  an  answer  to  yours  of  the  25th  of  September,  which  I 
received  this  morning.  My  letter  by  Dr.  Witherspoon,  who 
left  this  place  yesterday  week,  contains  most  of  what  you  desire 
to  be  informed  of.  I  should  be  glad  if  your  health  and  other 
circumstances  should  enable  you  to  visit  him  during  his  stay  in 
Virginia.  I  am  persuaded  you  would  be  much  pleased  with 
him,  and  that  he  would  be  very  glad  to  see  you. 

I  was  so  particular  in  my  last  with  regard  to  my  determina- 
tion about  staying  in  Princeton  this  winter  coming,  that  I  need 
say  nothing  more  in  this  place,  my  sentiments  being  still  the 
same. 

I  am  sorry  Mr.  Chew's  mode  of  conveyance  will  not  answer 
in  Virginia.  1  expect  to  hear  from  him  in  a  few  days,  by  return 


1772.  LETTERS.  5 

of  a  man  belonging  to  this  Town  from  New  London,  and  shall 
then  acquaint  him  with  it  and  get  it  remedied  by  the  methods 
you  propose. 

Mr.  James  Martin  was  here  at  commencement,  and  had  an 
opportunity  of  hearing  from  his  brothers  and  friends  in.  Caro- 
lina by  a  young  man  lately  come  from  thence  to  this  college; 
however,  I  shall  follow  your  directions  in  writing  to  him  imme- 
diately, and  visiting  him  as  soon  as  I  find  it  convenient. 

I  am,  Dr  sir,  your  affectionate  son. 


TO  MR.  WILLIAM  BRADFORD,  JR. 
(At  the  Coffee-House,  Philadelphia. — By  the  post.) 

ORANGE,  VIRGINIA,  November  9,  1772. 

MY  DEAR  B., — You  moralize  so  prettily,  that  if  I  were  to 
judge  from  some  parts  of  your  letter  of  October  13,  I  should 
take  you  for  an  old  philosopher  that  had  experienced  the  emp- 
tiness of  earthly  happiness;  and  I  am  very  glad  that  you  have 
so  early  seen  through  the  romantic  paintings  with  which  the 
world  is  sometimes  set  off  by  the  sprightly  imaginations  of  the 
ingenious.  You  have  happily  supplied,  by  reading  and  obser- 
vation, the  want  of  experiment;  and  therefore  I  hope  you  are 
sufficiently  guarded  against  the  allurements  and  vanities  that 
beset  us  on  our  first  entrance  on  the  theatre  of  life.  Yet,  how- 
ever nice  and  cautious  we  may  be  in  detecting  the  follies  of 
mankind,  and  framing  our  economy  according  to  the  precepts 
of  Wisdom  and  Religion,  I  fancy  there  will  commonly  remain 
with  us  some  latent  expectation  of  obtaining  more  than  ordi- 
nary happiness  and  prosperity  till  we  feel  the  convincing  argu- 
ment of  actual  disappointment.  Though  I  will  not  determine 
whether  we  shall  be  much  the  worse  for  it  if  we  do  not  allow  it 
to  intercept  our  views  towards  a  future  state,  because  strong 
desires  and  great  hopes  instigate  us  to  arduous  enterprizes, 
fortitude,  and  perseverance.  Nevertheless,  a  watchful  eye  must 
be  kept  on  ourselves,  lest  while  we  are  building  ideal  monu- 


6 


WORKS    OF    MADISON.  1772. 


ments  of  renown  and  bliss  here,  we  neglect  to  have  our  names 
enrolled  in  the  annals  of  Heaven.  These  thoughts  come  into 
my  mind  because  I  am  writing  to  you,  and  thinking  of  you. 
As  to  myself,  I  am  too  dull  and  infirm  now  to  look  out  for  any 
extraordinary  things  in  this  world,  for  I  think  my  sensations 
for  many  months  past  have  intimated  to  me  not  to  expect  a 
long  or  healthy  life;  though  it  may  be  better  with  me  after 
some  time,  [but]  I  hardly  dare  expect  it,  and  therefore  have 
little  spirit  and  alacrity  to  set  about  anything  that  is  difficult 
in  acquiring  and  useless  in  possessing  after  one  has  exchanged 
time  for  eternity.  But  you  have  health,  youth,  fire,  and  genius, 
to  bear  you  along  through  the  high  track  of  public  life,  and  so 
may  be  more  interested  and  delighted  in  improving  on  hints 
that  respect  the  temporal  though  momentous  concerns  of  man. 

I  think  you  made  a  judicious  choice  of  History  and  the  science 
of  morals  for  your  winter's  study.  They  seem  to  be  of  the 
most  universal  benefit  to  men  of  sense  and  taste  in  every  post, 
and  must  certainly  be  of  great  use  to  youth  in  settling  the 
principles  and  refining  the  judgment,  as  well  as  in  enlarging 
knowledge  and  correcting  the  imagination.  I  doubt  not  but 
you  design  to  season  them  with  a  little  divinity  now  and  then, 
which,  like  the  philosopher's  stone,  in  the  hands  of  a  good  man, 
will  turn  them  and  every  lawful  acquirement  into  the  nature  of 
itself,  and  make  them  more  precious  than  fine  gold. 

As  you  seem  to  require  that  I  should  be  open  and  unreserved, 
(which  is  indeed  the  only  proof  of  true  friendship,)  I  will 
venture  to  give  you  a  word  of  advice,  though  it  be  more  to 
convince  you  of  my  affection  for  you  than  from  any  apprehen- 
sion of  your  needing  it.  Pray  do  not  suffer  those  impertinent 
fops  that  abound  in  every  city  to  divert  you  from  your  business 
and  philosophical  amusements.  You  may  please  them  more  by 
admitting  them  to  the  enjoyment  of  your  company,  but  you 
will  make  them  respect  and  admire  you  more  by  showing  your 
indignation  at  their  follies,  and  by  keeping  them  at  a  becoming 
distance.  I  am  luckily  out  of  the  way  of  such  troubles,  but  I 
know  you  are  surrounded  with  them;  for  they  breed  in  towns 
and  populous  places  as  naturally  as  flies  do  in  the  shambles, 


1773.  LETTERS.  7 

because  there  they  get  food  enough  for  their  vanity  and  imper- 
tinence. 

I  have  undertaken  to  instruct  my  brothers  and  sisters  in 
some  of  the  first  rudiments  of  literature;  but  it  does  not  take 
up  so  much  of  my  time  but  I  shall  always  have  leisure  to 
receive  and  answer  your  letters,  which  are  very  grateful  to  me, 
I  assure  you;  and  for  reading  any  performances  you  may  be 
kind  enough  to  send  me,  whether  of  Mr.  Freneau  or  anybody 
else.  I  think  myself  happy  in  your  correspondence,  and  desire 
you  will  continue  to  write  as  often  as  you  can,  as  you  see  I 
intend  to  do  by  the  early  and  long  answer  I  send  you.  You 
are  the  only  valuable  friend  I  have  settled  in  so  public  a  place, 
and  I  must  rely  on  you  for  an  account  of  all  literary  transac- 
tions in  your  part  of  the  world. 

I  am  not  sorry  to  hear  of  Livingston's  getting  a  degree.  I 
heartily  wish  him  well,  though  many  would  think  I  had  but 
little  reason  to  do  so;  and  if  he  would  be  sensible  of  his  oppor- 
tunities and  encouragements,  I  think  he  might  still  recover. 
Lucky  (?)  and  his  company,  after  their  feeble  yet  wicked  assault 
upon  Mr.  Erwin,  in  my  opinion,  will  disgrace  the  catalogue  of 
names ;  but  they  are  below  contempt,  and  I  spend  no  more 
words  about  them. 

And  now,  my  friend,  I  must  take  my  leave  of  you,  but  with 
such  hopes  that  it  will  not  be  long  before  I  receive  another 
epistle  from  you,  as  make  me  more  cheerfully  conclude  and 
subscribe  myself 

Your  sincere  and  affectionate  friend. 

Your  direction  was  right;  however,  the  addition  of  "  Jr."  to 
my  name  would  not  be  improper. 


TO  WILLIAM  BRADFORD,  JUN. 

ORANGE  COUNTY,  VIRGINIA,  April  28,  1773. 

DEAR  B., — I  received  your  letter  dated  March  the  1st  about 
a  week  ago;  and  it  is  not  more  to  obey  your  demands  than  to 


g  WORKS    OF    MADISON.  1773: 

fulfil  my  own  desires  that  I  give  you  this  early  answer.  I  am 
glad  you  disclaim  all  punctiliousness  in  our  correspondence. 
For  my  own  part  I  confess  I  have  not  the  face  to  perform  cere- 
mony in  person,  and  I  equally  detest  it  on  paper;  though  as 
Tully  says,  It  cannot  blush.  Friendship,  like  all  truth,  delights 
in  plainness  and  simplicity,  and  it  is  the  counterfeit  alone  that 
needs  ornament  and  ostentation.  I  am  so  thoroughly  persuaded 
of  this,  that  when  I  observe  any  one  over  complaisant  to  me  in 
his  professions  and  promises,  I  am  tempted  to  interpret  his 
language  thus:  "  As  I  have  no  real  esteem  for  you,  and  for  cer- 
tain reasons  think  it  expedient  to  appear  well  in  your  eye,  I 
endeavor  to  varnish  falsehood  with  politeness,  which  I  think  I 
can  do  in  so  ingenious  a  manner  that  so  vain  a  blockhead  as 
you  cannot  see  through  it." 

I  would  have  you  write  to  me  when  you  feel  as  you  used  to 
do,  when  we  were  under  the  same  roof,  and  you  found  it  a 
recreation  and  release  from  business  and  books  to  come  and 
chat  an  hour  or  two  with  me.  The  case  is  such  with  me  that  I 
am  too  remote  from  the  post  to  have  the  same  choice,  but  it 
seldom  happens  that  an  opportunity  catches  me  out  of  a  humor 
of  writing  to  my  old  Nassovian  friends,  and  you  know  what 
place  you  hold  among  them. 

I  have  not  seen  a  single  piece  against  the  Doctor's  address. 
I  saw  a  piece  advertised  for  publication  in  the  Philadelphia 
Gazette,  entitled  "  Candid  remarks,"  &c.,  and  that  is  all  I  know 
about  it.  These  things  seldom  reach  Virginia,  and  when  they 
do,  I  am  out  of  the  way  of  them.  I  have  a  curiosity  to  read 
those  authors  who  write  with  "  all  the  rage  of  impotence,"  not 
because  there  is  any  excellence  or  wit  in  their  writings,  but 
because  they  implicitly  proclaim  the  merit  of  those  they  are  rail- 
ing against,  and  give  them  an  occasion  of  shewing  by  their 
silence  and  contempt  that  they  are  invulnerable.  I  am  heartily 
obliged  to  you  for  your  kind  offer  of  sending  me  some  of  these 
performances.  I  should  also  willingly  accept  Freneau's  works, 
and  the  "  Sermons  to  Doctors  in  Divinity,"  which  I  hear  are 
published,  and  whatever  else  you  reckon  worth  reading.  Please 
to  note  the  cost  of  the  articles,  for  I  will  by  no  means  suffer  our 


1773.  LETTERS.  9 

acquaintance  to  be  an  expense  on  your  part  alone,  and  I  have 
nothing  fit  to  send  you  to  make  it  reciprocal.  In  your  next 
letter  be  more  particular  as  to  yourself,  your  intentions,  present 
employments,  &c.,  Erwin,  McPherson,  <fec.,  the  affairs  of  the 
college.  Is  the  lottery  like  to  come  to  anything  ?  There  has 
happened  no  change  in  my  purposes  since  you  heard  from  me 
last.  My  health  is  a  little  better,  owing,  I  believe,  to  more 
activity  and  less  study,  recommended  by  physicians.  I  shall 
try,  if  possible,  to  devise  some  business  that  will  afford  me  a 
sight  of  you  once  more  in  Philadelphia  within  a  year  or  two. 
I  wish  you  would  resolve  the  same  with  respect  to  me  in  Vir- 
ginia, though  within  a  shorter  time.  I  am  sorry  my  situation 
affords  me  nothing  new,  curious,  or  entertaining,  to  pay  you  for 
your  agreeable  information  and  remarks.  You,  being  at  the 
fountain  head  of  political  and  literary  intelligence,  and  I  in  an 
obscure  corner,  you  must  expect  to  be  greatly  loser  on  that 
score  by  our  correspondence.  But  as  you  have  entered  upon  it, 
I  am  determined  to  hold  you  to  it,  and  shall  give  you  some  very 
severe  admonitions  whenever  I  perceive  a  remissness  or  brevity 
in  your  letters.  I  do  not  intend  this  as  a  beginning  of  reproof, 
but  as  a  caution  to  you  never  to  make  it  necessary  at  all. 

If  Mr.  Horton  is  in  Philadelphia,  give  him  my  best  thanks  for 
his  kindness  in  assisting  Mr.  Wallace  to  do  some  business  for 
[ ?]  not  long  ago. 

I  must  re-echo  your  pressing  invitations  to  [ ?] 

do  with  the  more  confidence  as  I  have  complied. 

I  am,  dear  sir,  yours,  most  unfeignedly. 


TO  WILLIAM  BRADFORD,  ESQ. 

ORANGE  COUNTY,  VIRGINIA,  6th  Sept.,  1773. 

DEAR  SIR, — If  I  did  not  love  you  too  well  to  scold  at  you,  I 
should  begin  this  with  upbraiding  your  silence,  contrary  to 


10 


WORKS    OF    MADISON.  1774. 


your  express  promise  and  my  earnest  solicitations.  The  bundle 
of  pamphlets  you  sent  by  the  post  has  miscarried,  or  I  would 
not  trouble  you  with  sending  them  again;  but  perhaps  if  you 
would  inquire  of  the  posts,  they  might  still  be  discovered. 

I  expect  this  will  be  handed  to  you  by  Mr.  Erwin,  who  has 
been  kind  enough  to  extend  his  journey  this  far,  whose  praise 
is  in  every  man's  mouth  here  for  an  excellent  discourse  he  this 
day  preached  for  us.  He  will  let  you  know  everything  that 
occurs  to  me  worth  mentioning  at  commencement,  or  Philadel- 
phia, if  you  should  not  attend  the  commencement.  Gratitude 
to  him,  and  friendship  to  yourself  and  others,  with  some  busi- 
ness, perhaps,  will  induce  me  to  visit  Philadelphia  or  Princeton 
in  the  spring,  if  I  should  be  alive,  and  should  have  health 
sufficient. ' 

I  set  too  high  a  value  on  Mr.  Erwin's  company  to  write 
much  to  you  now,  and  besides  have  the  like  office  of  friendship 
to  several  other  friends. 

I  am,  dear  sir,  yours  most  affectionately. 


TO  ME.  WILLIAM  BRADFORD,   Jft. 

January  the  24th,  1774. 

MY  WORTHY  FRIEND, — Yours  of  the  25th  of  last  month  came 
into  my  hands  a  few  days  past.  It  gave  singular  pleasure,  not 
only  because  of  the  kindness  expressed  in  it,  but  because  I  had 
reason  to  apprehend  the  letter  you  received  last  from  me  had 
miscarried,  and  I  should  fail  in  procuring  the  intelligence  I 
wanted  before  the  trip  I  designed  in  the  spring. 

I  congratulate  you  on  your  heroic  proceedings  in  Philadel- 
phia with  regard  to  the  tea.  I  wish  Boston  may  conduct 
matters  with  as  much  discretion  as  they  seem  to  do  with  bold- 
ness. They  seem  to  have  great  trials  and  difficulties  by  reason 
of  the  obduracy  and  ministerialism  of  their  G-overnor.  How- 


1774.  LETTERS.  11 

ever,  political  contests  are  necessary  sometimes,  as  well  as 
military,  to  afford  exercise  and  practice,  and  to  instruct  in  the 
art  of  defending  liberty  and  property.  I  verily  believe  the 
frequent  assaults  that  have  been  made  on  America  (Boston 
especially)  will  in  the  end  prove  of  real  advantage. 

If  the  Church  of  England  had  been  the  established  and 
general  religion  in  all  the  northern  colonies  as  it  has  been 
among  us  here,  and  uninterrupted  tranquillity  had  prevailed 
throughout  the  continent,  it  is  clear  to  me  that  slavery  and 
subjection  might  and  would  have  been  gradually  insinuated 
among  us.  Union  of  religious  sentiments  begets  a  surprising 
confidence,  and  ecclesiastical  establishments  tend  to  great  igno- 
rance and  corruption;  all  of  which  facilitate  the  execution  of 
mischievous  projects. 

But  away  with  politics !  Let  me  address  you  as  a  student 
and  philosopher,  and  not  as  a  patriot,  now.  I  am  pleased  that 
you  are  going  to  converse  with  the  Edwards  and  Henrys  and 
Charleses,  &c.,  &c.,  who  have  swayed  the  British  sceptre,  though 
I  believe  you  will  find  some  of  them  dirty  and  unprofitable 
companions,  unless  you  will  glean  instruction  from  their  follies, 
and  fall  more  in  love  with  liberty  by  beholding  such  detestable 
pictures  of  tyranny  and  cruelty. 

I  was  afraid  you  would  not  easily  have  loosened  your  affec- 
tions from  the  belles  lettres.  A  delicate  taste  and  warm  imagi- 
nation like  yours  must  find  it  hard  to  give  up  such  refined  and 
exquisite  enjoyments  for  the  coarse  and  dry  study  of  the  law. 
It  is  like  leaving  a  pleasant  flourishing  field  for  a  barren  desert; 
perhaps  I  should  not  say  barren  either,  because  the  law  does 
bear  fruit,  but  it  is  sour  fruit,  that  must  be  gathered  and 
pressed  and  distilled  before  it  can  bring  pleasure  or  profit.  I 
perceive  I  have  made  a  very  awkward  comparison;  but  I  got 
the  thought  by  the  end,  and  had  gone  too  far  to  quit  it  before  I 
perceived  that  it  was  too  much  entangled  in  my  brain  to  run  it 
through;  and  so  you  must  forgive  it.  I  myself  used  to  have 
too  great  a  hankering  after  those  amusing  studies.  Poetry, 
wit,  and  criticism,  romances,  plays,  &c.,  captivated  me  much; 
but  I  began  to  discover  that  they  deserve  but  a  small  portion 


12  WORKS    OF    MADISON.  1774. 

of  a  mortal's  time,  and  that  something  more  substantial,  more 
durable,  and  more  profitable,  befits  a  riper  age.  It  would  be 
exceedingly  improper  for  a  laboring  man  to  have  nothing  but 
flowers  in  his  garden,  or  to  determine  to  eat  nothing  but  sweet- 
meats and  confections.  Equally  absurd  would  it  be  for  a 
scholar  and  a  man  of  business  to  make  up  his  whole  library 
with  books  of  fancy,  and  feed  his  mind  with  nothing  but  such 
luscious  performances. 

When  you  have  an  opportunity  and  write  to  Mr.  Bracken- 
ridge,  pray  tell  him  I  often  think  of  him,  and  long  to  see  him, 
and  am  resolved  to  do  so  in  the  spring.  George  Luckey  was 
with  me  at  Christmas,  and  we  talked  so  much  about  old  affairs 
and  old  friends,  that  I  have  a  most  insatiable  desire  to  see  you 
all.  Luckey  will  accompany  me,  and  we  are  to  set  off  on  the 
10th  of  April,  if  no  disaster  befalls  either  of  us. 

I  want  again  to  breathe  your  free  air.  I  expect  it  will  mend 
my  constitution  and  confirm  my  principles.  I  have  indeed  as 
good  an  atmosphere  at  home  as  the  climate  will  allow;  but  have 
nothing  to  brag  of  as  to  the  state  and  liberty  of  my  country. 
Poverty  and  luxury  prevail  among  all  sorts;  pride,  ignorance, 
and  knavery  among  the  priesthood,  and  vice  and  wickedness 
among  the  laity.  This  is  bad  enough,  but  it  is  not  the  worst  I 
have  to  tell  you.  That  diabolical,  hell-conceived  principle  of 
persecution  rages  among  some;  and  to  their  eternal  infamy,  the 
clergy  can  furnish  their  quota  of  imps  for  such  business.  This 
vexes  me  the  worst  of  anything  whatever.  There  are  at  this 
time  in  the  adjacent  country  not  less  than  five  or  six  well- 
meaning  men  in  close  jail  for  publishing  their  religious  senti- 
ments, which  in  the  main  are  very  orthodox.  I  have  neither 
patience  to  hear,  talk,  or  think  of  anything  relative  to  this 
matter;  for  I  have  squabbled  and  scolded,  abused  and  ridiculed, 
so  long  about  it  to  little  purpose,  that  I  am  without  common 
patience.  So  I  must  beg  you  to  pity  me,  and  pray  for  liberty 
of  conscience  to  all. 

I  expect  to  hear  from  you  once  more  before  I  see  you,  if  time 
will  admit;  and  want  to  know  when  the  synod  meets,  and 
where;  what  the  exchange  is  at,  and  as  much  about  my  friends 


1774.  LETTERS.  13 

and  other  matters  as  yon  can  [tell,]  and  think  worthy  of  notice. 
Till  I  see  you, 

Adieu ! 

N.  B.  Our  correspondence  is  too  far  advanced  to  require 
apology  for  bad  writing  and  blots. 

Your  letter  to  Mr.  Wallace  is  yet  in  my  hands,  and  shall  be 
forwarded  to  you  as  soon  as  possible.  I  hear  nothing  from  him 
by  letter  or  fame. 


TO  MB.   WILLIAM  BRADFORD,  JR. 

VIRGINIA,  ORANGE  COUNTY,  April  1,  1774. 

MY  WORTHY  FRIEND, — I  have  another  favor  to  acknowledge 
in  the  receipt  of  your  kind  letter  of  March  the  4th.  I  did  not 
intend  to  have  written  again  to  you  before  I  obtained  a  nearer 
communication  with  you;  but  you  have  too  much  interest  in  my 
inclinations  ever  to  be  denied  a  request. 

Mr.  Brackenridge's  illness  gives  me  great  uneasiness;  I  think 
he  would  be  a  loss  to  America.  His  merit  is  rated  so  high  by 
me  that  I  confess,  if  he  were  gone,  I  could  almost  say  with  the 
poet,  that  his  country  could  furnish  such  a  pomp  for  death  no 
more.  But  I  solace  myself  from  Finley's  ludicrous  descriptions 
as  you  do. 

Our  Assembly  is  to  meet  the  first  of  May,  when  it  is  expected 
something  will  be  done  in  behalf  of  the  dissenters.  Petitions, 
I  hear,  are  already  forming  among  the  persecuted  Baptists,  and 
I  fancy  it  is  in  the  thoughts  of  the  Presbyterians  also,  to  inter- 
cede £or  greater  liberty  in  matters  of  religion.  For  my  own 
part,  I  cannot  help  being  very  doubtful  of  their  succeeding  in  the 
attempt.  The  affair  was  on  the  carpet  during  the  last  session; 
but  such  incredible  and  extravagant  stories  were  told  in  the 
House  of  the  monstrous  effects  of  the  enthusiasm  prevalent 
among  the  sectaries,  and  so  greedily  swallowed  by  their  ene- 


14  WORKS    OF    MADISON.  ^74. 

mies,  that  I  believe  they  lost  footing  by  it.  And  the  bad  name 
they  still  have  with  those  who  pretend  too  much  contempt  to 
examine  into  their  principles  and  conduct,  and  are  too  much 
devoted  to  the  ecclesiastical  establishment  to  hear  of  the  tolera- 
tion of  dissentients,  I  am  apprehensive,  will  be  again  made  a 
pretext  for  rejecting  their  requests. 

The  sentiments  of  our  people  of  fortune  and  fashion  on  this 
subject  are  vastly  different  from  what  you  have  been  used  to. 
That  liberal,  catholic,  and  equitable  way  of  thinking,  as  to  the 
rights  of  conscience,  which  is  one  of  the  characteristics  of  a  free 
people,  and  so  strongly  marks  the  people  of  your  province,  is 
but  little  known  among  the  zealous  adherents  to  our  hierarchy. 
We  have,  it  is  true,  some  persons  in  the  Legislature  of  generous 
principles  both  in  Religion  and  Politics;  but  number,  not  merit, 
you  know,  is  necessary  to  carry  points  there.  Besides,  the 
clergy  are  a  numerous  and  powerful  body,  have  great  influence 
at  home  by  reason  of  their  connection  with  and  dependence  on 
the  Bishops  and  Crown,  and  will  naturally  employ  all  their  art 
and  interest  to  depress  their  rising  adversaries;  for  such  they 
must  consider  dissenters  who  rob  them  of  the  good  will  of  the 
people,  and  may,  in  time,  endanger  their  livings  and  security. 

You  are  happy  in  dwelling  in  a  land  where  those  inestimable 
privileges  are  fully  enjoyed;  and  the  public  has  long  felt  the 
good  effects  of  this  religious  as  well  as  civil  liberty.  Foreign- 
ers have  been  encouraged  to  settle  among  you.  Industry  and 
virtue  have  been  promoted  by  mutual  emulation  and  mutual 
inspection;  commerce  and  the  arts  have  flourished;  and  I  can- 
not help  attributing  those  continual  exertions  of  genius  which 
appear  among  you  to  the  inspiration  of  liberty,  and  that  love 
of  fame  and  knowledge  which  always  accompany  it.  Religious 
bondage  shackles  and  debilitates  the  mind,  and  unfits  it  for 
every  noble  enterprise,  every  expanded  prospect.  Ho*v  far 
this  is  the  case  with  Virginia  will  more  clearly  appear  when 
the  ensuing  trial  is  made. 

I  am  making  all  haste  in  preparing  for  my  journey.  It  ap- 
pears as  if  it  would  be  the  first  of  May  before  I  can  start,  which 
I  can  more  patiently  bear,  because  I  may  possibly  get  no  com- 


1774.  LETTERS.  15 

pany  before  that  time;  and  it  will  answer  so  exactly  with  the 
meeting  of  the  synod.  George  Luckey  talks  of  joining  me  if  I 
can  wait  till  then.  I  am  resolutely  determined  to  come  if  it  is 
in  my  power.  If  anything  hinders  me,  it  will  be  most  likely 
the  indisposition  of  my  mother,  who  is  in  a  very  low  state  of 
health;  and  if  she  should  grow  worse,  I  am  afraid  she  will  be 
more  unwilling  to  part  with  my  brother,  as  she  will  be  less  able 
to  bear  a  separation.  If  it  should  unfortunately  happen  that  I 
should  be  forced  off  or  give  out  coming,  Luckey  on  his  return 
to  Virginia  will  bring  me  whatever  publications  you  think 
worth  sending,  and  among  others  [Caspapini's?]  letters. 

But  whether  I  come  or  not,  be  assured  I  retain  the  most  ar- 
dent affection  and  esteem  for  you,  and  the  most  cordial  grati- 
tude for  your  many  generous  kindnesses.  It  gives  me  real 
pleasure  when  I  write  to  you  that  I  can  talk  in  this  language 
without  the  least  affectation,  and  without  the  suspicion  of  it, 
and  that  if  I  should  omit  expressing  my  love  for  you,  your 
friendship  can  supply  the  omission;  or  if  I  make  use  of  the  most 
extravagant  expressions  of  it,  your  corresponding  affection  can 
believe  them  to  be  sincere.  This  is  a  satisfaction  and  delight 
unknown  to  all  who  correspond  for  business  and  conveniency, 
but  richly  enjoyed  by  all  who  make  pleasure  and  improvement 
the  business  of  their  communications. 

Farewell, 

J.  M. 

P.  S.  You  need  no  longer  direct  to  the  care  of  Mr.  Maury. 


TO  WILLIAM  BRADFORD,  JR. 

July  1,  1774. 

DEAR  SIR, — I  am  once  more  got  into  my  native  land,  and  into 
the  possession  of  my  customary  employments,  solitude  and  con- 
templation; though  I  must  confess  not  a  little  disturbed  by  the 


Ig  WORKS    OF    MADISON.  1774. 

sound  of  war,  blood,  and  plunder,  on  the  one  hand,  and  the 
threats  of  slavery  and  oppression  on  the  other.  From  the  best 
accounts  I  can  obtain  from  our  frontiers,  the  savages  are  deter- 
mined on  the  extirpation  of  the  inhabitants,  and  no  longer  leave 
them  the  alternative  of  death  or  captivity.  The  consternation 
and  timidity  of  the  white  people,  who  abandon  their  possessions 
without  making  the  least  resistance,  are  as  difficult  to  be  ac- 
counted for  as  they  are  encouraging  to  the  enemy.  Whether  it 
be  owing  to  the  unusual  cruelty  of  the  Indians,  the  want  of 
necessary  implements  or  ammunition  for  war,  or  to  the  igno- 
rance and  inexperience  of  many  who,  since  the  establishment  of 
peace,  have  ventured  into  those  new  settlements,  I  can  neither 
learn,  nor  with  any  certainty  conjecture.  However,  it  is  confi- 
dently asserted  that  there  is  not  an  inhabitant  for  some  hundreds 
of  miles  back  which  have  been  settled  for  many  years  except 
those  who  are  [forted  ?]  in  or  embodied  by  their  military  com- 
manders. The  state  of  things  has  induced  Lord  Dunmore, 
contrary  to  his  intentions  at  the  dissolution  of  the  Assembly,  to 
issue  writs  for  a  new  election  of  members,  whom  he  is  to  call 
together  on  the  llth  of  August. 

As  to  the  sentiments  of  the  people  of  this  Colony  with  respect 
to  the  Bostonians,  I  can  assure  you  I  find  them  very  warm  in 
their  favor.  The  natives  are  very  numerous  and  resolute,  are 
making  resolves  in  almost  every  county,  and  I  believe  are  will- 
ing to  fall  in  with  the  other  Colonies  in  any  expedient  measure, 
even  if  that  should  be  the  universal  prohibition  of  trade.  It 
must  not  be  denied,  though,  that  the  Europeans,  especially  the 
Scotch,  and  some  interested  merchants  among  the  natives,  dis- 
countenance such  proceedings  as  far  as  they  dare;  alledging  the 
injustice  and  perfidy  of  refusing  to  pay  our  debts  to  our  gener- 
ous creditors  at  home.  This  consideration  induces  some  honest, 
moderate  folks  to  prefer  a  partial  prohibition,  extending  only 
to  the  importation  of  goods. 

We  have  a  report  here  that  Governor  Gage  has  sent  Lord 
Dunmore  some  letters  relating  to  public  matters  in  which  he 
says  he  has  strong  hopes  that  he  shall  be  able  to  bring  things 
at  Boston  to  an  amicable  settlement.  I  suppose  you  know 


1774.  LETTERS.  17 

whether  there  be  any  truth  in  the  report,  or  any  just  foundation 
for  such  an  opinion  in  Gage. 

It  has  been  said  here  by  some,  that  the  appointed  fast  was 
disregarded  by  every  Scotch  clergyman,  though  it  was  observed 
by  most  of  the  others  who  had  timely  notice  of  it.  I  cannot 
avouch  it  for  an  absolute  certainty,  but  it  appears  no  ways 
incredible. 

I  was  so  lucky  as  to  find  Dean  Tucker's  tracts  on  my  return 
home,  sent  by  mistake  with  some  other  books  imported  this 
spring.  I  have  read  them  with  peculiar  satisfaction  and  illumi- 
nation with  respect  to  the  interests  of  America  and  Britain. 
At  the  same  time  his  ingenious  and  plausible  defence  of  par- 
liamentary authority  carries  in  it  such  defects  and  misrepresent- 
ations, as  confirm  me  in  political  orthodoxy — after  the  same 
manner  as  the  specious  arguments  of  Infidels  have  established 
the  faith  of  inquiring  Christians. 

I  am  impatient  to  hear  from  you;  and  do  now  certainly  [earn- 
estly?] renew  the  stipulation  for  that  friendly  correspondence 
which  alone  can  comfort  me  in  the  privation  of  your  company. 
I  shall  be  punctual  in  transmitting  you  an  account  of  every- 
thing that  can  be  acceptable,  but  must  freely  absolve  you  from 
as  strict  an  obligation,  which  your  application  to  more  import- 
ant business  will  not  allow,  and  which  my  regard  for  your  ease 
and  interests  will  not  suffer  me  to  enjoin. 

I  am,  dear  sir,  your  faithful  friend. 


TO  MB.   WILLIAM  BRADFORD. 

VIRGINIA,  ORANGE  COUNTY,  January  20, 1775. 

MY  WORTHY  FRIEND, — Your  very  acceptable  favors  by  Mr. 
Rutherford  arrived  safe,  but  I  perceived  by  the  date  had  a 
very  tedious  passage,  which  perhaps  may  be  attributed  to  the 
craziness  of  the  vessel  in  which  you  embarked  them.  I  ought 

VOL.   I.  2 


18 


WORKS    OF    MADISON.  1775. 


to  mention,  in  particular,  that  I  did  not  receive  them  till  after 
I  wrote  my  last,  as  an  apology  for  my  not  then  acknowledg- 
ing it. 

I  entirely  acquiesce  in  your  opinion  of  our  friend  Bracken- 
ridge's  talents,  and  think  his  poem  an  indubitable  proof  of  what 
you  say  on  that  head.  It  certainly  has  many  real  beauties  in 
it,  and  several  strokes  of  a  strong  original  genius;  but  at  the 
same  time,  as  you  observe,  some  very  obvious  defects,  which  I 
am  afraid,  too,  are  more  discernible  to  common  readers  than  its 
excellencies.  If  this  be  the  case,  I  am  apprehensive  it  will  not 
answer  the  end  proposed,  which,  as  I  collect  from  his  letter  to 
me,  was  to  raise  the  character  of  his  academy  by  the  fame  of 
its  teacher.  It  is  on  this  account,  he  says,  he  desires  it  might 
have  a  pretty  general  reading  in  this  Government.  For  my 
own  part,  I  could  heartily  wish,  for  the  honor  of  the  author  and 
the  success  of  the  performance,  that  it  might  fall  into  the  hands 
only  of  the  impartial  and  judicious.  I  have  shewn  it  to  some 
of  our  middling  sort  of  folks,  and  I  am  persuaded  it  will  be  not 
much  relished  by  that  class  of  my  countrymen.  The  subject  is 
itself  frightful;  blank  verse,  in  some  measure  unintelligible,  at 
least  requires  stricter  attention  than  most  people  will  bestow; 
and  the  antiquated  phraseology,  however  eligible  in  itself,  dis- 
gusts such  as  affect  modern  fashion.  In  short,  the  theme  is  not 
interesting  enough,  nor  the  dress  sufficiently  a  la  mode  to  attract 
the  notice  of  the  generality.  The  same  merit  in  a  political 
or  humorous  composition  would  have  rung  the  author's  fame 
through  every  Province  on  the  continent.  Something  of  this 
kind  I  am  encouraged  to  expect  soon  from  a  passage  of  his  let- 
ter in  which  he  mentions  a  design  of  finishing  a  poem  then  in 
hand,  on  the  present  times;  and  from  the  description  he  gives 
of  it,  (if  it  be  not  too  local,)  I  doubt  not  will  meet  with  the 
public's  applause.  He  informed  me  it  would  be  ready  for  the 
press  in  three  months  from  the  time  he  wrote.  If  so,  you  must 
have  seen  it  by  this  time. 

We  are  very  busy  at  present  in  raising  men  and  procuring 
the  necessaries  for  defending  ourselves  and  our  friends  in  case 
of  a  sudden  invasion.  The  extensiveness  of  the  demands  of  the 


1775.  LETTERS.  19 

Congress,  and  the  pride  of  the  British  nation,  together  with  the 
wickedness  of  the  present  ministry,  seem,  in  the  judgment  of  our 
politicians,  to  require  a  preparation  for  extreme  events.  There 
will,  by  the  Spring  I  expect,  be  some  thousands  of  well-trained, 
high-spirited  men  ready  to  meet  danger  whenever  it  appears, 
who  are  influenced  by  no  mercenary  principles,  but  bearing 
their  own  expenses,  and  having  the  prospect  of  no  recompense 
but  the  honor  and  safety  of  their  country. 

I  suppose  the  inhabitants  of  your  Province  are  more  reserved 
in  their  behavior,  if  not  more  easy  in  their  apprehension,  from 
the  prevalence  of  Quaker  principles  and  politics.  The  Quakers 
are  the  only  people  with  us  who  refuse  to  accede  to  the  Conti- 
nental association.  I  cannot  forbear  suspecting  them  to  be 
under  the  control  and  direction  of  the  leaders  of  the  party  in 
your  quarter;  for  I  take  those  of  them  that  we  have  to  be  too 
honest  and  simple  to  have  any  sinister  or  secret  views,  and  I 
do  not  observe  anything  in  the  association  inconsistent  with 
their  religious  principles.  When  I  say  they  refuse  to  accede  to 
the  association,  my  meaning  is  that  they  refuse  to  sign  it;  that 
being  the  method  used  among  us  to  distinguish  friends  from 
foes,  and  to  oblige  the  common  people  to  a  more  strict  observ- 
ance of  it.  I  have  never  heard  whether  the  like  method  has 
been  adopted  in  the  other  Governments. 

I  have  not  seen  the  following  in  print,  and  it  seems  to  be  so 
just  a  specimen  of  Indian  eloquence  and  mistaken  valor,  that  I 
think  you  will  be  pleased  with  it.  You  must  make  allowance 
for  the  unskilfulness  of  the  interpreters. 

The  speech  of  Logan,  a  Shawanese  Chief,  to  Lord  Dunmore: 
"  I  appeal  to  any  white  man  to  say,  if  ever  he  entered  Logan's 
cabin  hungry,  and  I  gave  him  not  meat;  if  ever  he  came  cold  or 
naked,  and  I  gave  him  not  clothing.  During  the  course  of  the 
last  long  and  bloody  war,  Logan  remained  idle  in  his  tent,  an 
advocate  for  peace;  nay,  such  was  my  love  for  the  whites,  that 
those  of  my  own  country  pointed  at  me  as  they  passed  by,  and 
said,  '  Logan  is  the  friend  of  white  men.'  I  had  even  thought 
to  live  with  you  but  for  the  injuries  of  one  man.  Col.  Cressop, 
the  last  spring,  in  cold  blood  and  unprovoked,  cut  off  all  the 


20  WORKS    OF    MADISON.  1775. 

relations  of  Logan,  not  sparing  even  my  women  and  children. 
There  runs  not  a  drop  of  my  blood  in  the  veins  of  any  human 
creature.  This  called  on  me  for  revenge.  I  have  sought  it;  I 
have  killed  many;  I  have  fully  glutted  my  vengeance.  For  my 
country  I  rejoice  at  the  beams  of  peace;  but  do  not  harbor  a 
thought  that  mine  is  the  joy  of  fear.  Logan  never  felt  fear. 
He  will  not  turn  on  his  heel  to  save  his  life.  Who  is  there  to 
mourn  for  Logan  ? — not  one !  " 

If  you  should  see  any  of  our  friends  from  Princeton  a  little 
before  the  time  of  your  intending  to  write  to  me,  and  could 
transmit  any  little  intelligence  concerning  the  health,  &c.,  of  my 
little  brother  there,  it  would  be  very  acceptable  to  me,  and  very 
gratifying  to  a  fond  mother;  but  I  desire  it  may  only  be  done 
when  it  will  cost  you  less  than  five  words. 

We  had  with  us  a  little  before  Christmas  the  Rev.  Moses 
Allen,  on  his  return  from  Boston  to  Charlestown.  He  told  me 
he  came  through  Philadelphia,  but  did  not  see  you,  though  he  ex- 
presses a  singular  regard  for  you,  and  left  his  request  with  me 
that  you  would  let  him  hear  from  you  whenever  it  is  convenient, 
promising  to  return  the  kindness  with  punctuality.  He  trav- 
elled with  considerable  equipage  for  a  dissenting  ecclesiastic, 
and  seems  to  be  willing  to  superadd  the  airs  of  the  fine  gentle- 
man to  the  graces  of  the  spirit.  I  had  his  company  for  several 
days,  during  which  time  he  preached  two  sermons  with  general 
approbation.  His  discourses  were  above  the  common  run  some 
degree;  and  his  appearance  in  the  pulpit  on  the  whole  was  no 

discredit  to  [ ?]  He  retains  too  much  of  his  pristine 

levity,  but  promises  amendment.  I  wish  he  may  for  the  sake 
of  himself,  his  friends,  and  his  flock.  I  only  add  that  he  seems 
to  be  one  of  those  geniuses  that  are  formed  for  shifting  in  the 
world  rather  than  shining  in  a  college,  and  that  I  really  believe 
him  to  possess  a  friendly  and  generous  disposition. 

You  shall  ere  long  hear  from  me  again.  Till  then,  Five, 
vole  et  Loetare. 


1776.  DECLARATION    OF    RIGHTS. 

TO  JAMES  MADISON,  ESQ. 


,  June  27,  1776. 
HOND.SlB—  ******* 

It  is  impossible  for  me  to  say  when  the  Convention  will  ad- 
journ; but  am  pretty  certain  it  will  not  be  so  soon  as  was 
expected  when  I  wrote  by . 

It  is  said  that  seven  ships,  some  of  them  very  large,  have 
within  a  few  days  past  come  to  the  aid  of  Dunmore.     Whether 
they  be  transports  or  ships  of  war  is  not  yet  determined. 
I  am,  dear  sir,  yours  affectionately. 


[Among  Mr.  Madison's  papers  is  the  following  copy,  both  in  print  and  manu- 
script, of  the  Declaration  of  Rights,  as  reported  by  the  select  committee  of  the 
Virginia  convention  of  1776.  It  corresponds  in  the  main,  though  not  without 
occasional  variations,  with  the  original  draft  prepared  by  Colonel  George  Mason. 
In  the  last  article,  to  which  the  note  there  subjoined  by  Mr.  Madison  refers,  the 
draft  of  the  committee  and  that  of  Colonel  Mason  were  in  all  respects  identical.] 

The  following  Declaration  was  reported  to  the  Convention  by 
the  committee  appointed  to  prepare  the  same,  and  referred  to 
the  consideration  of  a  committee  of  the  whole  Convention;  and 
in  the  mean  time  is  ordered  to  be  printed  for  the  perusal  of  the 
members : 

A  DECLARATION  OF  RIGHTS  made  by  the  representatives  of 
the  good  people  of  Virginia,  assembled  in  full  and  free  conven- 
tion, which  rights  do  pertain  to  us  and  our  posterity,  as  the 
basis  and  foundation  of  government. 

1.  That  all  men  are  born  equally  free  and  independent,  and 
have  certain  inherent  natural  rights,  of  which  they  cannot,  by 
any  compact,  deprive  their  posterity ;   among  which  are  the 
enjoyment  of  life  and  liberty,  with  the  means  of  acquiring  and 
possessing  property,  and  pursuing  and  obtaining  happiness  and 
safety. 

2.  That  all  power  is  vested  in,  and  consequently  derived 


22  WORKS    OF    MADISON.  1776. 

from,  the  people;  that  magistrates  are  their  trustees  and  serv- 
ants, and  at  all  times  amenable  to  them. 

3.  That  government  is,  or  ought  to  be,  instituted  for  the 
common  benefit,  protection,  and  security  of  the  people,  nation, 
or  community:  of  all  the  various  modes  and  forms  of  govern- 
ment, that  is  best  which  is  capable  of  producing  the  greatest 
degree  of  happiness  and  safety,  and  is  most  effectually  secured 
against  the  danger  of  mal-administration;  and  that  whenever 
any  government  shall  be  found  inadequate  or  contrary  to  these 
purposes,  a  majority  of  the  community  hath  an  indubitable, 
unalienable,  and  indefeasible  right  to  reform,  alter,  or  abolish  it, 
in  such  manner  as  shall  be  judged  most  conducive  to  the  public 
weal. 

4.  That  no  man  or  set  of  men  are  entitled  to  exclusive  or 
separate  emoluments  or  privileges  from  the  community  but  in 
consideration  of  public  services;  which  not  being  descendible  or 
hereditary,  the  idea  of  a  man  born  a  magistrate,  a  legislator,  or 
a  judge,  is  unnatural  and  absurd. 

5.  That  the  legislative  and  executive  powers  of  the  State 
should  be  separate  and  distinct  from  the  judicative;  and  that 
the  members  of  the  two  first  may  be  restrained  from  oppression 
by  feeling  and  participating  the  burdens  of  the  people,  they 
should,  at  fixed  periods,  be  reduced  to  a  private  station,  return 
into  that  body  from  which  they  were  originally  taken,  and  the 
vacancies  be  supplied  by  frequent,  certain,  and  regular  elec- 
tions. 

6.  That  elections  of  members  to  serve  as  representatives  of 
the  people,  in  Assembly,  ought  to  be  free;  and  that  all  men, 
having  sufficient  evidence  of  permanent  common  interest  with 
and  attachment  to  the  community,  have  the  right  of  suffrage. 

7.  That  no  part  of  a  man's  property  can  be  taken  from  him, 
or  applied  to  public  uses,  without  his  own  consent  or  that  of 
his  legal  representatives;  nor  are  the  people  bound  by  any  laws 
but  such  as  they  have,  in  like  manner,  assented  to  for  their 
common  good. 

8.  That  all  power  of  suspending  laws,  or  the  execution  of 
laws  by  any  authority  without  consent  of  the  representatives 


1776.  DECLARATION    OF    RIGHTS.  23 

of  the  people,  is  injurious  to  their  rights  and  ought  not  to  be 
exercised. 

9.  That  laws  having  retrospect  to  crimes,  and  punishing 
offences  committed  before  the  existence  of  such  laws,  are  gene- 
rally oppressive  and  ought  to  be  avoided. 

10.  That  in  all  capital  or  criminal  prosecutions  a  man  hath  a 
right  to  demand  the  cause  and  nature  of  his  accusation,  to  be 
confronted  with  the  accusers  or  witnesses,  to  call  for  evidence 
in  his  favor,  and  to  a  speedy  trial  by  an  impartial  jury  of  his 
vicinage,  without  whose  unanimous  consent  he  cannot  be  found 
guilty,  nor  can  he  be  compelled  to  give  evidence  against  him- 
self ;  that  no  man  be  deprived  of  his  liberty  except  by  the  law 
of  the  land,  or  the  judgment  of  his  peers. 

11.  That  excessive  bail  ought  not  to  be  required,  nor  exces- 
sive fines  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

12.  That  warrants  unsupported  by  evidence,  whereby  any 
officer  or  messenger  may  be  commanded  or  required  to  search 
suspected  places,  or  to  seize  any  person  or  persons,  his  or  their 
property,  not  particularly  described,  are  grievous  and  oppres- 
sive, and  ought  not  to  be  granted. 

13.  That  in  controversies  respecting  property,  and  in  suits 
between  man  and  man,  the  ancient  trial  by  jury  is  preferable  to 
any  other,  and  ought  to  be  held  sacred. 

14.  That  the  freedom  of  the  press  is  one  of  the  great  bul- 
warks of  liberty,  and  can  never  be  restrained  but  by  despotic 
governments. 

15.  That  a  well-regulated  militia,  composed  of  the  body  of 
the  people,  trained  to  arms,  is  the  proper,  natural,  and  safe 
defence  of  a  free  State;  that  standing  armies  in  time  of  peace 
should  be  avoided  as  dangerous  to  liberty;  and  that  in  all  cases 
the  military  should  be  under  strict  subordination  to,  and  gov- 
erned by,  the  civil  power. 

16.  That  the  people  have  a  right  to  uniform  government,  and 
therefore  that  no  government  separate  from,  or  independent  of 
the  government  of  Virginia,  ought  of  right  to  be  erected  or 
established  within  the  limits  thereof. 

17.  That  no  free  government  or  the  blessings  of  liberty  can 


24.  WORKS    OF    MADISON.  1776. 

be  preserved  to  any  people  but  by  a  firm  adherence  to  justice, 
moderation,  temperance,  frugality,  and  virtue,  and  by  frequent 
recurrence  to  fundamental  principles. 

18.  That  Religion,  or  the  duty  which  we  owe  to  our  CREATOR, 
and  the  manner  of  discharging  it,  can  be  directed  only  by  reason 
and  conviction,  not  by  force  or  violence;  and  therefore  that  all 
men  should  enjoy  the  fullest  toleration  in  the  exercise  of  reli- 
gion according  to  the  dictates  of  conscience,  unpunished  and 
unrestrained  by  the  magistrate,  unless,  under  color  of  religion, 
any  man  disturb  the  peace,  the  happiness,  or  safety  of  society; 
and  that  it  is  the  mutual  duty  of  all  to  practice  Christian  for- 
bearance, love,  and  charity  towards  each  other.* 


[The  following  draught  of  a  "  Plan  of  Government,"  which  seems  to  have  been 
the  original  sketch  of  the  Virginia  Constitution  of  1776,  is  found  among  Mr. 
Madison's  papers,  both  in  print  and  transcribed  by  him;  and  the  two  notes,  the 
one  at  the  beginning  and  the  other  at  the  end,  are  subjoined  in  his  hand-writing 
to  the  manuscript  copy:] 

A  PLAN  OF  GOVERNMENT, 

Laid  before  the  Committee  of  the  House,  which  they  have 

ordered  to  be  printed  for  the  perusal  of  the  members. t 
1.  Let  the  legislative,  executive,  and  judicative  departments 

*  On  the  printed  paper  here  literally  copied  is  a  manuscript  variation  of  this 
last  article,  making  it  read  :  "  That  religion,  or  the  duty  we  owe  to  our  Creator, 
and  the  manner  of  discharging  it,  being  under  the  direction  of  reason  and  con- 
viction only,  not  of  violence  or  compulsion,  all  men  are  equally  entitled  to  the 
full  and  free  exercise  of  it  according  to  the  dictates  of  conscience;  and  therefore 
that  no  man  or  class  of  men  ought,  on  account  of  religion,  to  be  invested  with 
peculiar  emoluments  or  privileges,  nor  subjected  to  any  penalties  or  disabilities, 
unless,  under  color  of  religion,  the  preservation  of  eaual  liberty  and  the  exist- 
ence of  the  State  be  manifestly  endangered. 

This  variation  is  in  the  handwriting  of  J.  M.,  and  is  recollected  to  have  been 
brought  forward  by  him,  with  a  view  more  particularly  to  substitute  for  the  idea 
expressed  by  the  term  "toleration"  an  absolute  and  equal  right  in  all  to  the 
exercise  of  religion  according  to  the  dictates  of  conscience.  The  proposal  was 
moulded  into  the  last  article  in  the  Declaration  as  finally  established,  from  which 
the  term  "  toleration"  is  excluded. — J.  M. 

t  An  alteration  in  the  handwriting  of  J.  M.  erases  "  of  the  House,"  and  inserts 
after  committee,  appointed  for  that  purpose  ;  and  adds  at  the  end  after  "  members," 


1776.  PLAN    OF    GOVERNMENT.  25 

be  separate  and  distinct,  so  that  neither  exercise  the  powers 
properly  belonging  to  the  other. 

2.  Let  the  legislative  be  formed  of  two  distinct  branches,  who 
together  shall  be  a  complete  Legislature.    They  shall  meet 
once  or  oftener  every  year,  and  shall  be  called  the  GENERAL 
ASSEMBLY  of  VIRGINIA. 

3.  Let  one  of  these  be  called  the  Lower  House  of  Assembly, 
and  consist  of  two  delegates  or  representatives,  chosen  for  each 
county  annually,  by  such  men  as  have  resided  in  the  same  for 
one  year  last  past,  are  freeholders  of  the  county,  possess  an 
estate  of  inheritance  of  land  in  Virginia  of  at  least  one  thousand 
pounds  value,  and  are  upwards  of  twenty-four  years  of  age. 

4.  Let  the  other  be  called  the  Upper  House  of  Assembly,  and 
consist  of  twenty-four  members,  for  whose  election  let  the  differ- 
ent counties  be  divided  into  twenty-four  districts,  and  each 
county  of  the  respective  district,  at  the  time  of  the  election  of 
its  delegates  for  the  Lower  House,  choose  twelve  deputies  or 
sub-electors,  being  freeholders  residing  therein,  and  having  an 
estate  of  inheritance  of  lands  within  the  district,  of  at  least  five 
hundred  pounds  value.     In  case  of  dispute,  the  qualifications  to 
be  determined  by  the  majority  of  the  said  deputies.     Let  these 
deputies  choose  by  ballot  one  member  for  the  Upper  House  of 
Assembly,  who  is  a  freeholder  of  the  district,  hath  been  a  resi- 
dent therein  for  one  year  last  past,  possesses  an  estate  of  inher- 
itance of  lands  in  Virginia  of  at  least  two  thousand  pounds 
value,  and  is  upwards  of  twenty-eight  years  of  age.     To  keep 
up  this  Assembly  by  rotation  let  the  districts  be  equally  divided 
into  four  classes  and  numbered.     At  the  end  of  one  year,  after 
the  general  election,  let  the  six  members  elected  by  the  first 
division  be  displaced,  rendered  ineligible  for  four  years,  and 

of  the  House;  making  the  whole  read,  Laid  before  the  committee  appointed  for 
that  purpose,  which  they  have  ordered  to  be  printed  for  the  perusal  of  the  mem- 
bers of  the  House. 

From  this  correction  it  appears  that  what  was  laid  before  the  committee  was 
printed  by  its  order,  not  by  that  of  the  Convention,  as  was  done  in  the  case  of  the 
"  Declaration  of  Rights,"  reported  by  Mr.  Gary  from  the  appointed  committee; 
nor  is  there  in  the  journal  any  order  for  printing  any  plan  of  government  reported 
to  the  Convention  from  a  committee. — J.  M. 


26  WORKS    OF    MADISON.  1776. 

the  vacancies  be  supplied  in  the  manner  aforesaid.  Let  this 
rotation  be  applied  to  each  division  according  to  its  number, 
and  continued  in  due  order  annually. 

5.  Let  each  House  settle  its  own  rules  of  proceeding;  direct 
writs  of  election  for  supplying  intermediate  vacancies;  and  let 
the  right  of  suffrage,  both  in  the  election  of  members  for  the 
Lower  House  and  of  deputies  for  the  districts,  be  extended  to 
those  having  leases  for  land  in  which  there  is  an  unexpired 
term  of  seven  years,  and  to  every  housekeeper  who  hath  resided 
for  one  year  last  past  in  the  county,  and  hath  been  the  father 
of  three  children  in  this  country. 

6.  Let  all  laws  originate  in  the  lower  House,  to  be  approved 
or  rejected  by  the  upper  House,  or  to  be  amended  \vith  the 
consent  of  the  lower  House,  except  money  bills,  which  in  no 
instance  shall  be  altered  by  the  upper  House,  but  wholly  ap- 
proved or  rejected. 

7.  Let  a  Governor,  or  Chief  Magistrate,  be  chosen  annually 
by  joint  ballot  of  both  Houses,  who  shall  not  continue  in  that 
office  longer  than  three  years  successively,  and  then  be  ineligi- 
ble for  the  next  three  years.     Let  an  adequate  but  moderate 
salary  be  settled  on  him  during  his  continuance  in  office;  and 
let  him,  with  the  advice  of  a  Council  of  State,  exercise  the  exec- 
utive powers  of  Government,  and  the  power  of  proroguing  or 
adjourning  the  General  Assembly,  or  of  calling  it  upon  emer- 
gencies, and  of  granting  reprieves  or  pardons,  except  in  cases 
where  the  prosecution  shall  have  been  carried  on  by  the  Lower 
House  of  Assembly. 

8.  Let  a  privy  Council  or  Council  of  State,  consisting  of  eight 
members,  be  chosen  by  joint  ballot  of  both  Houses  of  Assembly 
promiscuously,  from  their  own  members,  or  the  people  at  large, 
to  assist  in  the  administration  of  Government. 

Let  the  Governor  be  President  of  this  Council;  but  let  them 
annually  choose  one  of  their  own  members  as  Vice  President, 
who,  in  case  of  the  death  or  absence  of  the  Governor,  shall  act 
as  Lieutenant  Governor.  Let  these  members  be  sufficient  to 
act,  and  their  advice  be  entered  of  record  in  their  proceedings. 
Let  them  appoint  their  own  clerk,  who  shall  have  a  salary  set- 


1776.  PLAN    OF    GOVERNMENT.  27 

tied  by  law,  and  taken  with  oath  of  secrecy,  in  such  matters  as 
he  shall  be  directed  to  conceal,  unless  called  upon  by  the  Lower 
House  of  Assembly  for  information.  Let  a  sum  of  money  ap- 
propriated to  that  purpose  be  divided  annually  among  the  mem- 
bers in  proportion  to  their  attendance,  and  let  them  be  incapa- 
ble, during  their  continuance  in  office,  of  sitting  in  either  House 
of  Assembly.  Let  two  members  be  removed  by  ballot  of  their 
own  Board  at  the  end  of  every  three  years,  and  be  ineligible 
for  the  next  three  years.  Let  this  be  regularly  continued  by 
rotation,  so  as  that  no  member  be  removed  before  he  hath  been 
three  years  in  the  Council;  and  let  these  vacancies,  as  well  as 
those  occasioned  by  death  or  incapacity,  be  supplied  by  new 
elections  in  the  same  manner  as  the  first. 

9.  Let  the  Governor,  with  the  advice  of  the  Privy  Council, 
have  the  appointment  of  the  militia  officers,  and  the  government 
of  the  militia,  under  the  laws  of  the  country. 

10.  Let  the  two  Houses  of  Assembly,  by  joint  ballot,  appoint 
Judges  of  the  Supreme  Court,  Judges  in  Chancery,  Judges  of 
the  Admiralty,  and  the  Attorney  General,  to  be  commissioned 
by  the  Governor,  and  continue  in  office  during  good  behaviour. 
In  case  of  death  or  incapacity,  let  the  Governor,  with  the  advice 
of  the  Privy  Council,  appoint  persons  to  succeed  in  office  pro 
tempore,  to  be  approved  or  displaced  by  both  Houses.     Let 
these  officers  have  fixed  and  adequate  salaries,  and  be  incapable 
of  having  a  seat  in  either  House  of  Assembly,  or  in  the  Privy 
Council,  except  the  Attorney  General  and  the  Treasurer,  who 
may  be  permitted  to  a  seat  in  the  lower  House  of  Assembly. 

11.  Let  the  Governor  and  Privy  Council  appoint  justices  of 
the  peace  for  the  counties.     Let  the  clerks  of  all  the  courts,  the 
sheriffs,  and  coroners,  be  nominated  by  the  respective  courts, 
approved  by  the  Governor  and  Privy  Council,  and  commissioned 
by  the  Governor.     Let  the  clerks  be  continued  during  good 
behaviour,  and  all  fees  be  regulated  by  law.    Let  the  justices 
appoint  constables. 

12.  Let  the  Governor,  any  of  the  Privy  Counsellors,  Judges 
of  the  Supreme  Court,  and  all  other  officers  of  Government,  for 
mal-administration  or  corruption  be  prosecuted  by  the  Lower 


28 


WORKS    OF    MADISON.  1776. 


House  of  Assembly,  (to  be  carried  on  by  the  Attorney  General, 
or  such  other  person  as  the  House  may  appoint,)  in  the  Supreme 
Court  of  common  law.  If  found  guilty,  let  him  or  them  be 
either  removed  from  office,  or  forever  disabled  to  hold  any 
office  under  the  Government,  or  subjected  to  such  pains  or 
penalties  as  the  laws  shall  direct. 

13.  Let  all  commissions  run  in  the  name  of  the  Commonwealth 
of  Virginia,  and  be  tested  by  the  Governor,  with  the  seal  of  the 
Commonwealth  annexed.     Let  writs  run  in  the  same  manner, 
and  be  tested  by  the  clerks  of  the  several  courts.     Let  indict- 
ments conclude,  against  the  peace  and  dignity  of  the  Common- 
wealth. 

14.  Let  a  Treasurer  be  appointed  annually,  by  joint  ballot 
of  both  Houses. 

15.  In   order  to  introduce  this  Government,  let  the  repre- 
sentatives of  the  people  now  met  in  Convention  choose  twenty- 
four  members  to  be  an  Upper  House,  and  let  both  Houses,  by 
joint  ballot,  choose  a  Governor  and  Privy  Council;  the  Upper 
House  to  continue  until  the  last  day  of  March  next,  and  the 
other  officers  until  the  end  of  the  succeeding  session  of  Assem- 
bly.    In  case  of  vacancies,  the  President  to  issue  writs  for  new 
elections.* 


TO   JAMES   MADISON,   ESQ. 

ORAXGE,  March.  1777. 
HOND.SlE,—          *  *  *  *  *  * 

The  following  odd  affair  has  furnished  the  court  of  this  county 
with  some  very  unexpected  business. 

Two  persons  travelling  from  Philadelphia  to  the  southward, 
one  of  them  a  Frenchman  and  an  officer  in  the  Continental 

*  It  is  not  known  with  certainty  from  whom  this  first  draught  of  a  plan  of 
Government  proceeded.  There  is  a  faint  tradition  that  Meriwether  Smith 
spoke  of  it  as  originating  with  him.  What  is  remembered  by  J.  M.  is,  that  George 
Mason  was  the  most  prominent  member  in  discussing  and  developing  the  Consti- 
tution in  its  passage  through  the  Convention.  The  preamble  is  known  to  have 
been  furnished  by  Thomas  Jefferson. — J.  M. 


1777.  LETTERS.  29 

army,  and  the  other  a  man  of  decent  figure,  came  to  the  court- 
house on  the  evening  of  the  court  day,  and  immediately  inquired 
for  a  member  of  the  committee.  Being  withdrawn  with  several 
members  into  a  private  room,  they  gave  information  that  they  fell 
in  with  a  man  on  the  road  a  few  miles  from  the  court-house,  who, 
in  the  course  of  conversation  on  public  affairs,  gave  abundant 
proof  of  his  being  an  adherent  to  the  King  of  Great  Britain, 
and  a  dangerous  enemy  to  the  State;  that  he  ran  into  the  most 
outrageous  abuse  of  our  proceedings,  and  on  their  threatening 
to  inform  against  him,  in  the  most  daring  manner  bid  defiance 
to  committees,  or  whoever  should  pretend  to  judge  or  punish 
him.  They  said  the  man  they  alluded  to  had  come  with  them 
to  the  court-house,  and  they  made  no  doubt  but  they  could  point 
him  out  in  the  crowd.  On  their  so  doing,  the  culprit  appeared 
to  be  Benjamin  Haley.  As  the  committee  had  no  jurisdiction 
in  the  case,  it  was  referred  to  a  justice  of  the  peace.  Every 
one  seemed  to  be  agreed  that  his  conduct  was  a  direct  violation 
of  law,  and  called  aloud  for  public  notice;  but  the  witnesses 
being  travellers,  and  therefore  unable  to  attend  at  a' trial,  it 
was  thought  best  not  to  undertake  a  prosecution  which  prom- 
ised nothing  but  impunity  and  matter  of  triumph  to  the  offender. 
Here  the  affair  dropped,  and  every  one  supposed  was  entirely 
at  an  end;  but  as  the  Frenchman  was  accidentally  passing 
through  the  room  where  Haley  was,  he  took  occasion  to  ad- 
monish the  people  of  his  being  a  disaffected  person,  and  up- 
braided him  for  his  tory  principles.  This  introduced  a  debate, 
which  was  continued  for  some  time  with  great  heat  on  the  part 
of  the  Frenchman,  and  great  insolence  on  the  part  of  Haley. 
At  the  request  of  the  latter,  they  at  length  both  appeared  before 
a  justice  of  the  peace.  Haley  at  first  evaded  the  charges  of 
his  antagonist;  but  after  some  time,  said  he  scorned  to  be  coun- 
terfeit, and  in  answer  to  some  questions  that  were  put  to  him, 
signified  that  we  were  in  the  state  of  rebellion  and  had  revolted 
from  our  lawful  Sovereign,  and  that  if  the  King  had  justice 
done  him,  his  authority  would  still  be  in  exercise  among  us. 
This  passed  in  the  presence  of  twenty  or  thirty  persons,  and 
rendered  the  testimony  of  the  travellers  needless.  A  warrant 


30 


WORKS    OF    MADISON.  1778. 


for  arresting  him  was  immediately  issued  and  executed.  The 
criminal  went  through  his  examination,  in  which  his  very  pleas 
seemed  to  aggravate  his  guilt.  Witnesses  were  summoned, 
sworn,  and  their  evidences  taken;  and  on  his  obstinate  refusal 
to  give  security  for  his  appearance,  he  was  committed  to  close 
gaol.  This  happened  about  eight  o'clock.  I  have  since  heard 
he  begged  about  one  o'clock  in  the  morning  to  be  admitted  to 
bail,  and  went  home,  but  not  without  threats  of  revenge,  and 
making  public  declaration  that  he  was  King  George's  man.  I 
have  stated  the  case  thus  particularly  that  you  may,  if  an  op- 
portunity occurs,  take  the  advice  of  some  gentleman  skilled  in 
the  law,  on  the  most  proper  and  legal  mode  of  proceeding 
against  him. 


TO   JAMES  MADISON,   ESQ. 

WILLIAMSBCRG,  January  23.  1778. 

HONORED  SIR, — I  got  safe  to  this  place  on  Tuesday  follow- 
ing the  day  I  left  home,  and  at  the  earnest  invitation  of  my 
kinsman,  Mr.  Madison,*  have  taken  my  lodgings  in  a  room  of 
the  President's  house,  which  is  a  much  better  accommodation 
than  I  could  have  promised  myself. 

You  will  be  informed  in  due  time  by  advertisement  from  the 
Governor  what  is  proper  to  be  done  with  the  shoes,  &c.,  col- 
lected for  the  army.  You  will  be  able  to  obtain  so  circumstan- 
tial an  account  of  public  affairs  from  Major  Moore,  that  I  may 
spare  myself  the  trouble  of  anticipating  it. 

Although  I  well  know  how  inconvenient  and  disagreeable  it 
is  to  you  to  continue  to  act  as  Lieutenant  of  the  county,  I  can- 
not help  informing  you  that  a  resignation  at  this  juncture  is 
here  supposed  to  have  a  very  unfriendly  aspect  on  the  execu- 
tion of  the  draught,  and  consequently  to  betray  at  least  a  want 
of  patriotism  and  perseverance.  This  is  so  much  the  case  that 
a  recommendation  of  county  Lieutenant  this  day  received  by 

*  The  Rev.  James  Madison,  afterwards  Bishop,  was  at  this  time  President  of 
William  and  Mary  College. 


1778.  LETTERS.  31 

the  Governor,  to  supply  the  place  of  one  who  has  resigned  to 
the  court,  produced  a  private  verbal  message  to  the  old  Lieu- 
tenant to  continue  to  act  at  least  as  long  as  the  present  meas- 
ures were  in  execution. 

I  am,  dear  sir,  your  affectionate  son. 


TO  JAMES  MADISON,   ESQ. 

WILLJAMSBURG,  March  6,  1778. 

HONOEED  SIR, — 

We  have  no  news  here  that  can  be  depended  on.  It  is  said 
by  Mr.  King,  who  is  just  from  Petersburg,  that  a  gentleman  was 
at  that  place  who  informed  that  sundry  persons  had  arrived  at 
Edenton  from  Providence  Island,  who  affirmed  that  they  saw  in 
Providence  a  London  paper  giving  an  account  that  Bourgoyne's 
disaster  had  produced  the  most  violent  fermentation  in  England; 
that  the  Parliament  had  refused  to  grant  the  supplies  for  carry- 
ing on  the  war,  and  that  a  motion  for  acknowledging  our  inde- 
pendence was  overruled  by  a  small  majority  only. 

The  people  who  bring  this  news  to  Edenton,  as  the  story 
goes,  were  prisoners  with  the  enemy  at  Providence,  when  they 
were  relieved  by  a  New  England  privateer,  which  suddenly 
landed  her  men,  took  possession  of  the  small  fort  that  com- 
manded the  harbor,  and  secured  several  vessels  that  lay  in  it, 
one  of  which  was  given  up  to  these  men  to  bring  them  to  the 
continent.  I  leave  you  to  form  your  own  judgment  as  to  the 
credibility  of  this  report.  I  wish  it  carried  stronger  marks  of 
truth. 

The  Governor  has  just  received  a  letter  from  the  captain  of 
the  French  frigate  I  mentioned  in  my  last,  informing  him  of  his 
safe  arrival  in  North  Carolina  with  a  rich  cargo  of  various 
useful  and  important  articles,  which  will  be  offered  for  sale  to 
us.  The  frigate  belongs  to  a  company  at  Nantes,  in  France. 
We  also  hear,  but  in  a  less  authentic  manner,  that  7,000  tents 
have  arrived  at  Martinique,  on  their  way  from  France  to  the 
grand  army. 


32  WORKS    OF    MADISON.  1779. 

A  letter  from  New  York  town,  this  moment  received,  informs 
us  that  an  exchange  of  prisoners  is  at  last  agreed  on  between 

W.  and  H. 

Your  affectionate  son. 


TO  COLONEL  JAMES  MADISON. 

WILLIAMSBCRG,  December  8,  1779. 

HONORED  SIR, — The  assembly  have  not  yet  concluded  their 
plan  for  complying  with  the  requisitions  from  Congress.  It 
may  be  relied  on  that  that  cannot  be  done  without  very  heavy 
taxes  on  every  species  of  property.  Indeed,  it  is  thought  ques- 
tionable whether  it  will  not  be  found  absolutely  impossible. 
No  exertions,  however,  ought  to  be  omitted  to  testify  our  zeal 
to  support  Congress  in  the  prosecution  of  the  war.  It  is  also 
proposed  to  procure  a  large  sum  on  loan  by  stipulating  to  pay 
the  interest  in  tobacco.  A  tax  on  this  article  necessary  for 
that  purpose  is  to  be  collected.  Being  very  imperfectly  ac- 
quainted with  the  proceedings  of  the  Assembly  on  this  matter, 
I  must  refer  you  for  the  particulars  to  the  return  of  Major 
Moore,  or  some  future  opportunity.  The  law  for  escheats  and 
forfeitures  will  be  repealed  as  it  respects  orphans,  &c.  The 
effects  of  the  measures  taken  by  the  Assembly  on  the  credit  of 
our  money  and  the  prices  of  things  cannot  be  predicted.  If 
our  expectations  had  not  been  so  invariably  disappointed,  they 
ought  to  be  supposed  very  considerable.  But  from  the  rapid 
progress  of  depreciation  at  present,  and  the  universal  struggle 
among  sellers  to  bring  up  prices,  I  cannot  flatter  myself  with 
the  hope  of  any  great  reformation.  Corn  is  already  at  £20, 
and  rising.  Tobacco  is  also  rising.  Pork  will  probably  com- 
mand any  price.  Imported  goods  exceed  everything  else  many 
hundreds  per  cent. 

I  am  much  at  a  loss  how  to  dispose  of  Willey.*    I  cannot 
think  it  would  be  expedient  in  the  present  state  of  things  to 

*  The  familiar  name  of  his  younger  brother. 


1779.  LETTERS.  33 

send  him  out  of  the  State.  From  a  new  arrangement  of  the 
college  here,  nothing  is  in  future  to  be  taught  but  the  higher 
and  rarer  branches  of  science.  The  preliminary  studies  must, 
therefore,  be  pursued  in  private  schools  or  academies.  If  the 
academy  at  Prince  Edward  is  so  far  dissolved  that  you  think 
his  return  thither  improper,  I  would  recommend  his  being  put 
under  the  instruction  of  Mr.  Maury,  rather  than  suffer  him  to  be 
idle  at  home.  The  languages,  (including  English,)  geography, 
and  arithmetic,  ought  to  be  his  employment,  till  he  is  prepared 
to  receive  a  finish  to  his  education  at  this  place. 

By  the  late  change,  also,  in  the  college,  the  former  custom  of 
furnishing  the  table  for  the  president  and  professors  is  to  be 
discontinued.  I  am  induced  by  this  consideration  to  renew  my 
request  for  the  flour  mentioned  to  you.  It  will  perhaps  be  the 
only  opportunity  I  may  have  of  requiting  received  and  singular 
favors;  and,  for  the  reason  just  assigned,  will  be  extremely  con- 
venient. I  wish  to  know  without  any  loss  of  time  how  far  this 
supply  may  be  reckoned  on.  Perhaps  Mr.  E.  Burnley  would 
receive  and  store  it  for  me. 

I  am  desired  by  a  gentleman  here  to  procure  for  him  two 
bear  skins  to  cover  the  foot  of  his  chariot.  ]f  they  can  be 
bought  anywhere  in  your  neighborhood,  I  beg  you  or  Ambrose 
will  take  the  trouble  to  inquire  for  them,  and  send  them  to 
Captain  Anderson,  at  Hanover  town.  If  the  flour  should  come 
down,  the  same  opportunity  will  serve  for  them.  Captain 
Anderson  may  be  informed  that  they  are  for  Mr.  Norton.  If 
they  can  be  got  without  too  much  trouble,  I  should  be  glad  of 
succeeding,  as  he  will  rely  on  my  promise  to  procure  them  for 
him. 

Having  nothing  to  add  under  the  head  of  news,  I  subscribe 
myself  your  dutiful  son. 

VOL.  i.  3 


WORKS    OF    MADISON.  1780. 


TO   COLONEL  JAMES  MADISON. 

PHILADELPHIA,  March  20,  1780. 

HONOEED  SIR,— 

The  extreme  badness  of  the  roads  and  frequency  of  rains 
rendered  my  journey  so  slow  that  I  did  not  reach  this  place  till 
Saturday  last.  The  only  public  intelligence  I  have  to  commu- 
nicate, is  that  the  great  and  progressive  depreciation  of  the 
paper  currency  had  introduced  such  disorder  and  perplexity 
into  public  affairs,  for  the  present,  and  threatened  to  load  the 
United  States  with  such  an  intolerable  burden  of  debt,  that 
Congress  have  thought  it  expedient  to  convert  the  200,000,000 
of  dollars  now  in  circulation  into  a  real  debt  of  5,000,000,  by 
establishing  the  exchange  at  40  for  1 ;  and  taxes  for  calling  it 
in  during  the  ensuing  year  are  to  be  payable,  at  the  option  of 
the  people,  in  specie  or  paper,  according  to  that  difference.  In 
order  to  carry  on  public  measures  in  future,  money  is  to  be 
emitted  under  the  combined  faith  of  Congress  and  the  several 
States,  secured  on  permanent  and  specific  funds  to  be  provided 
by  the  latter.  This  scheme  was  finally  resolved  on  on  Saturday 
last.  It  has  not  yet  been  printed,  but  will  be  immediately.  I 
shall  transmit  a  copy  to  you  by  the  first  opportunity.  The 
little  time  I  have  been  here  makes  it  impossible  for  me  to  enter 
into  a  particular  delineation  of  it.  It  will  probably  create 
great  perplexity  and  complaints  in  many  private  transactions. 
Congress  have  recommended  to  the  States  to  repeal  their 
tender  laws,  and  to  take  measures  for  preventing  injustice  as 
much  as  possible.  It  is  probable  that  in  the  case  of  loans  to 
the  public,  the  state  of  depreciation  at  the  time  they  were  made 
will  be  the  rule  of  payment;  but  nothing  is  yet  decided  on  that 
point. 


TO  EDMUND   PENDLETON. 

PHILADELPHIA,  October  3,  1780. 

DEAR  SIR, — I  had  the  pleasure  of  receiving  yours  of  the  25th 
ult.  yesterday,  and  am  sorry  it  is  not  yet  in  my  power  to  grat- 


1780.  LETTERS.  35 

ify  your  hopes  with  any  prospect  of  a  successful  issue  to  this 
campaign.  The  reports  of  the  approach  or  arrival  of  a  French 
fleet  continue  to  be  circulated,  and  to  prove  groundless.  If  any 
foreign  operations  are  undertaken  on  the  continent,  it  will 
probably  be  against  the  Floridas  by  the  Spaniards.  A  Spanish 
gentleman,  who  resides  in  this  city,  has  received  information 
from  the  Governor  of  Cuba  that  an  armament  would  pass  from 
the  Havannah  to  Pensacola  towards  the  end  of  last  month,  and 
that  ten  or  twelve  ships  of  the  line,  and  as  many  thousand  troops, 
would  soon  be  in  readiness  for  an  expedition  against  St.  Augus- 
tine. It  would  be  much  more  for  the  credit  of  that  nation,  as 
well  as  for  the  common  good,  if  instead  of  wasting  their  time 
and  resources  in  these  separate  and  unimportant  enterprises, 
they  would  join  heartily  with  the  French  in  attacking  the 
enemy,  where  success  would  produce  the  desired  effect. 

The  enclosed  papers  contain  all  the  particulars  which  have 
been  received  concerning  the  apostacy  and  plot  of  Arnold.  A 
variety  of  his  iniquitous  jobs  prior  to  this  chef  d'ceuvre  of  his 
villainy,  carried  on  under  cover  of  his  military  authority,  have 
been  detected  among  his  papers,  and  involve  a  number  of  per- 
sons both  within  and  without  the  enemy's  lines.  The  embark- 
ation lately  going  on  at  New  York,  and  given  out  to  be 
destined  for  Virginia  or  Rhode  Island,  was  pretty  certainly  a 
part  of  the  plot  against  West  Point;  although  the  first  repre- 
sentation of  it  has  not  yet  been  officially  contradicted. 

With  sincere  regard,  I  am,  Dr  sir,  your  obt  and  humble  serv- 
ant. 


TO  THE  HONBLE  EDMUND  PENDLETON. 

PHILADELPHIA,  October  10,  1780. 

DEAR  SIR, — Your  favor  of  the  1st  instant  came  safe  to  hand 
yesterday.  The  enclosed  was  sent  to  Mr.  Pendleton,  who  is 
still  in  town. 


36 


WORKS    OF    MADISON.  1780. 


All  we  know  of  the  several  fleets  in  the  American  seas,  is 
that  Rodney  with  a  few  ships  is  at  New  York,  the  remainder 
having  joined  Graves  and  Arbuthnot,  whom  we  know  nothing 
about.  Ternay  is  still  at  Rhode  Island.  The  main  French 
fleet  under  Guichen  left  the  West  Indies  about  the  time  first 
mentioned,  with  a  large  fleet  of  merchantmen  under  its  convoy, 
and  has  not  since  been  heard  of.  The  residue  of  the  French 
fleet  is  in  the  West  Indies,  but  we  do  not  hear  of  their  being 
any  way  employed.  It  is  said  an  English  expedition  is  prepar- 
ing at  Jamaica  against  some  of  the  Spanish  settlements.  The 
Spanish  expeditions  against  the  Floridas  I  believe  I  mentioned 
in  my  last. 

We  have  private  accounts,  through  a  channel  which  has  sel- 
dom deceived,  that  a  very  large  embarkation  is  still  going  on 
at  New  York.  I  hope  Virginia  will  not  be  surprised,  in  case 
she  should  be  the  meditated  victim. 

Andre  was  hung  as  a  spy  on  the  2d  instant.  Clinton  made 
a  frivolous  attempt  to  save  him  by  pleading  the  passport  granted 
by  Arnold.  He  submitted  to  his  fate  in  a  manner  that  showed 
him  to  be  worthy  of  a  better  one.  His  coadjutor,  Smith,  will 
soon  follow  him.  The  hero  of  the  plot,  although  he  may  for  the 
present  escape  an  ignominious  death,  must  lead  an  ignominious 
life,  which,  if  any  of  his  feelings  remain,  will  be  a  sorer  punish- 
ment. It  is  said  that  he  is  to  be  made  a  Brigadier,  and  em- 
ployed in  some  predatory  expedition  against  the  Spaniards,  in 
which  he  may  gratify  his  thirst  for  gold.  It  is  said  with  more 
probability,  that  his  baseness  is  universally  despised  by  those 
who  have  taken  advantage  of  it,  and  that  some  degree  of  resent- 
ment is  mixed  with  their  contempt,  on  account  of  the  loss  of 
their  darling  officer,  to  which  he  was  accessory. 

With  sincere  regard,  I  am,  dear  sir,  your  obedient,  humble 
servant. 


1780.  LETTERS.  37 


TO  HON.   EDMUND   PENDLETON,   CAROLINE   COUNTY,   VIRGINIA. 

PHILADELPHIA,  November  14,  1780. 

DR  SIR, — Your  favor  of  the  6th  instant  came  to  hand  yester- 
day. Mr.  Griffin,  by  whom  you  appear  also  to  have  written, 
has  not  yet  arrived. 

It  gives  me  great  pleasure  to  find  that  the  enemy's  numbers 
are  so  much  less  formidable  than  was  at  first  computed;  but 
the  information  from  New  York  makes  it  not  improbable  that 
the  blank  in  the  computation  may  shortly  be  filled  up.  General 
Washington  wrote  to  Congress  on  the  4th  instant  that  another 
embarkation  was  going  on  at  that  place,  and  in  another  letter 
of  the  7th  he  says  that,  although  he  had  received  no  further 
intelligence  on  the  subject,  he  had  reason  still  to  believe  that 
such  a  measure  was  in  contemplation.  Neither  the  amount  nor 
the  object  of  it,  however,  had  been  ascertained. 

The  inroads  of  the  enemy  on  the  frontier  of  New  York  have 
been  distressing  and  wasteful  almost  beyond  their  own  example. 
They  have  totally  laid  in  ashes  a  fine  settlement  called  Schoharie, 
which  was  capable,  General  Washington  says,  of  yielding  no 
less  than  80,000  bushels  of  grain  for  public  consumption.  Such 
a  loss  is  inestimable,  and  is  the  more  to  be  regretted  because 
both  local  circumstances  and  the  energy  of  that  Government 
left  little  doubt  that  it  would  have  been  applied  to  public  use. 

I  fancy  the  taking  of  Quebec  was  a  mere  invention.  Your 
letter  gave  me  the  first  account  of  such  a  report.  A  different 
report  concerning  the  second  division  of  the  French  fleet  has 
sprung  up,  as  you  will  see  by  the  enclosed  paper.  It  is  believed 
here  by  many,  and  some  attention  given  to  it  by  all.  It  is  also 
said  that  Rodney  has  sailed  from  New  York  with  twenty  ships 
for  Europe.  If  he  has  sailed  at  all,  and  the  first  report  be  true 
also,  it  is  more  likely  that  he  has  gone  out  to  meet  the  French. 

The  late  exchange  has  liberated  about  one  hundred  and  forty 
officers  and  all  our  privates  at  New  York,  amounting  to  four 
hundred  and  seventy-six.  General  Washington  has  acceded 
to  a  proposal  of  a  further  exchange  of  the  convention  officers 


43258' 


38  WORKS    OF    MADISON.  1780. 

without  attaching  any  privates  to  them,  which  will  liberate 
almost  the  whole  residue  of  our  officers  at  that  place. 

I  am,  sir,  with  the  highest  esteem  and  regard,  your  obt  friend 
and  servt. 


TO   THE   HON.    EDMUND    PENDLETON. 

PHILADELPHIA,  November  21,  1780. 

DEAR  SIR, — Your  favor  of  the  13th  came  safe  yesterday. 
The  past  week  has  brought  forth  very  little  of  consequence, 
except  the  disagreeable  and,  I  fear,  certain  information  of  the 
arrival  of  the  Cape  fleet.  Our  last  account  of  the  embarkation 
at  New  York  was  that  the  ships  had  fallen  down  to  the  Hook, 
that  the  number  of  troops  was  quite  unknown,  as  well  as  their 
destination,  except  that  in  general  it  was  southwardly.  It  is 
still  said  that  Philips  is  to  command  this  detachment.  If  the 
projected  junction  between  Leslie  and  Cornwallis  had  not  been 
so  opportunely  frustrated  by  the  gallant  volunteers  at  King's 
Mountain,  it  is  probable  that  Philips  would  have  reinforced  the 
former,  as  the  great  force  in  his  rear  would  otherwise  have 
rendered  every  advance  hazardous. 

At  present,  it  seems  more  likely  that  the  declining  state  of 
their  Southern  affairs  will  call  their  attention  to  that  quarter. 
They  can,  it  is  well  known,  regain  at  any  time  their  present 
footing  in  Virginia,  if  it  should  be  thought  expedient  to  aban- 
don it,  or  to  collect  in  their  forces  to  a  defensible  point;  but 
every  retrograde  step  they  take  towards  Charlestown  proves 
fatal  to  their  general  plan.  Mr.  J.  Adams,  in  a  letter  of  the 
23d  of  August,  from  Amsterdam,  received  yesterday,  says  that 
General  Prevost  had  sailed  from  England  with  a  few  frigates 
for  Cape  Fear,  in  order  to  facilitate  the  operations  of  their  arms 
in  North  Carolina,  and  that  the  Ministry  were  determined  to 
make  the  Southern  States  the  scene  of  a  very  active  winter 
campaign.  No  intimation  is  given  by  Mr.  Adams  of  the  num- 
ber of  troops  under  General  Prevost.  The  second  division  of 


1780.  LETTERS.  39 

the  French  fleet  mentioned  in  my  last  to  have  been  off  Ber- 
mudas has  not  yet  made  its  appearance.  It  is  now  either  [?] 
supposed  to  have  been  a  British  one. 

The  death  of  General  Woodford  is  announced  in  a  New 
York  paper  of  the  17th.  I  have  not  seen  the  paper,  but  am 
told  that  no  particulars  are  mentioned.  I  suppose  it  will  reach 
his  friends  before  this  will  be  received,  through  some  other 
channel. 

Adieu. 


TO  THE  HON.   EDMUND   PENDLETON. 

PHILADELPHIA,  December  5,  1780. 

DEAR  SIR, — I  have  your  favor  of  the  27th  ult.,  and  con- 
gratulate you  on  the  deliverance  of  our  country  from  the  dis- 
tresses of  actual  invasion.  The  spirit  it  has  shewn  on  this 
occasion  will,  I  hope,  in  some  degree  protect  it  from  a  second 
visit. 

Congress  yesterday  received  letters  from  Mr.  Jay  and  Mr. 
Carmichael,  as  late  as  the  4th  and  9th  of  September.  The 
general  tenor  of  them  is  that  we  are  not  to  rely  on  much  aid  in 
the  article  of  cash  from  Spain,  her  finances  and  credit  being 
scarcely  adequate  to  her  own  necessities,  and  that  the  British 
emissaries  are  indefatigable  in  misrepresenting  our  affairs  in 
that  kingdom,  and  in  endeavoring  to  detach  it  from  the  war. 
The  character,  however,  of  the  Catholic  King  for  steadiness  and 
probity,  and  the  entire  confidence  of  our  allies  in  him,  forbid 
any  distrust  on  our  part.  Portugal,  on  the  pressing  remon- 
strances of  France  and  Spain,  has  at  length  agreed  to  shut  her 
ports  against  English  prizes,  but  still  refuses  to  accede  to  the 
armed  neutrality.  Mr.  Adams  writes  that  the  news  of  the  fate 
of  the  Quebec  and  Jamaica  fleets  arrived  at  London  nearly 
about  the  same  time,  and  had  a  very  serious  effect  on  all  ranks, 
as  well  as  on  stocks  and  insurance. 

Our  information  from  the  West  Indies  gives  a  melancholy 


40  WORKS    OF    MADISON.  1780. 

picture  of  the  effects  of  the  late  tempest.  Martinique  has  suf- 
fered very  considerably,  both  in  shipping  and  people.  Not  less 
than  six  hundred  houses  have  been  destroyed  in  St.  Vincent's. 
The  Spaniards  in  Cuba,  also,  have  not  escaped,  and  it  is  reported 
that  the  fleet  on  its  way  from  the  Havannah  to  Pensacola  has 
been  so  disabled  and  dispersed  as  to  defeat  the  expedition  for  the 
present.  On  the  other  side,  our  enemies  have  suffered  severely. 
The  Ajax,  a  ship  of  the  line,  and  two  frigates  stationed  off  St. 
Lucie,  to  intercept  the  Martinique  trade,  are  certainly  lost,  with 
the  greatest  part,  if  not  the  whole,  of  their  crews;  and  there  is 
great  reason  to  believe  that  several  other  capital  ships  that 
have  not  been  since  heard  of  have  shared  the  like  fate.  The 
island  of  St.  Lucie  is  totally  defaced.  In  Barbadoes,  also, 
scarce  a  house  remains  entire,  and  one  thousand  five  hundred 
persons  at  least  have  perished.  One  of  the  largest  towns  in 
Jamaica  has  been  totally  swept  away,  and  the  island  otherwise 
much  damaged.  The  consequences  of  this  calamity  must  afford 
a  striking  proof  to  Great  Britain  of  her  folly  in  shutting  our 
ports  against  her  West  India  commerce,  and  transferring  the 
advantage  of  our  friendship  to  her  enemies. 
I  am,  Dr  sir,  yours  sincerely. 


TO  THE   HON.   EDMUND   PENDLETON. 

PHILADELPHIA,  December,  1780. 

DEAR  SIR, — I  had  the  pleasure  of  yours  of  the  2d  instant 
yesterday.  We  have  not  heard  a  word  of  the  fleet  which  lately 
left  the  Chesapeake.  There  is  little  doubt  that  the  whole  of  it 
has  gone  to  the  southward. 

Our  intelligence  from  Europe  confirms  the  accession  of  Por- 
tugal to  the  neutral  league,  so  far  at  least  as  to  exclude  the 
English  from  the  privileges  which  their  vessels  of  war  have 
hitherto  enjoyed  in  her  ports.  The  Ariel,  commanded  by  P. 
Jones,  which  had  on  board  the  clothing,  &c.,  which  has  been 
long  expected  from  France,  was  dismasted  a  few  days  after  she 


1781.  LETTERS.  41 

sailed,  and  obliged  to  return  into  port;  an  event  which  must 
prolong  the  sufferings  which  our  army  has  been  exposed  to  from 
the  delay  of  this  s.upply. 

Mr.  Sartine,  the  Minister  of  the  French  Marine,  has  been 
lately  removed  from  the  administration  of  that  department. 
His  successor  is  the  Marquis  de  Castries,  who  is  held  out  to  us 
as  a  man  of  greater  activity,  and  from  whom  we  may  hope  for 
more  effectual  co-operation. 

An  Irish  paper  informs  us  that  Mr.  Laurens  was  committed 
to  the  Tower  on  the  6th  of  October,  by  the  three  Secretaries  of 
State,  on  suspicion  of  high  treason.  As  the  warrant,  with  the 
names  of  the  Secretaries  subscribed,  (with  some  other  particu- 
lars,) is  inserted,  no  hope  remains  of  the  fact  being  a  forgery. 

With  very  sincere  regard,  I  am,  Dr  sir,  your  obt  sert. 


TO  THE   HON.   EDMUND   PENDLETON. 

PHILADELPHIA,  January  23,  1781. 

DEAR  SIR, — I  have  nothing  new  this  week  for  you  but  two 
reports  ;  the  first  is,  that  very  great  discontents  prevail  in  New 
York  among  the  German  troops,  for  causes  pretty  similar  to 
those  which  produced  the  eruption  in  the  Pennsylvania  line.  It 
is  further  said  on  this  head,  that  a  body  of  two  hundred  have 
deserted  from  Long  Island  and  gone  to  Rhode  Island.  The 
other  report  is,  that  the  British  minister  either  has  or  proposes 
to  carry  a  bill  into  Parliament  authorizing  the  commanding 
officer  in  America  to  permit  and  promote  a  trade  with  us  in 
British  goods  of  every  kind,  except  linens  and  woollens.  This 
change  of  system  is  said  to  be  the  advice  of  some  notable 
refugees,  with  a  view  to  revive  an  intercourse  as  far  as  possible 
between  the  two  countries,  and  particularly  to  check  the  habit 
that  is  taking  place  in  the  consumption  of  French  manufactures. 
Whatever  their  public  views  may  be,  it  is  certain  that  such  a 
plan  would  open  fine  prospects  to  them  in  a  private  view. 

We  have  received  no  fresh  or  certain  information  of  the 


42 


WORKS    OF    MADISON. 


designs  of  F.  and  Spain  in  assembling  so  great  a  force  at  Ca- 
diz. There  does  not  appear  to  be  any  object  in  that  quarter 
except  Gibraltar.  Should  the  attempts  be  renewed  against 
that  place,  it  will  prove  that  the  former  has  not  that  absolute 
sway  in  the  cabinet  of  the  latter  which  has  been  generally 
imagined.  Nothing  would  have  prevailed  on  the  French  to 
recall  their  fleet  from  the  islands  at  the  time  they  did,  but  the 
necessity  of  humoring  Spain  on  the  subject  of  her  hobby-horse. 
I  am  glad  to  hear  that  Arnold  has  been  at  last  fired  at.  It 
sounded  a  little  unfavorably  for  us  in  the  ears  of  people  here 
that  he  was  likely  to  get  off  without  that  proof  of  a  hostile 
reception.  If  he  ventures  an  irruption  in  any  other  quarter,  I 
hope  he  will  be  made  sensible  that  his  impunity  on  James  river 
was  owing  to  the  suddenness  of  his  appearance,  and  not  to  the 
want  of  spirit  in  the  people. 

I  am,  Dr  sir,  yours  sincerely. 


TO   HON.   EDMUND   PENDLETON. 

PHILADELPHIA,  Febry,  1781. 

DR  Sm, — I  have  your  favor  of  the  5th  instant  by  the  post. 
Col.  Harrison  arrived  here  yesterday,  and  as  he  mentions  no 
circumstance  which  indicated  an  intended  departure  of  the  ene- 
my, I  am  afraid  your  intelligence  on  that  subject  was  not  well 
founded.  Immediately  on  the  receipt  of  your  former  letter,  re- 
lating to  an  exchange  of  C.  Taylor,  I  applied  to  the  Admiralty 
Department,  and  if  such  a  step  can  be  brought  about  with 
propriety,  I  hope  he  will  be  gratified;  but  considering  the 
tenor  of  their  treatment  of  naval  prisoners,  and  the  resolutions 
with  which  it  has  inspired  Congress,  I  do  not  think  it  probable 
that  exchanges  will  go  on  easily;  and  if  this  were  less  the  case, 
a  mere  passenger,  under  the  indulgence,  too,  of  a  parole,  can 
scarcely  hope  to  be  preferred  to  such  as  are  suffering  the  utmost 
hardships,  and  even  made  prisoners  in  public  service. 

A  vessel  arrived  here  a  few  days  ago  from   Cadiz,  which 


1781.  LETTERS.  43 

brings  letters  of  as  late  date  as  the  last  of  December.  Those 
that  are  official  tell  us  that  England  is  making  the  most  strenu- 
ous exertions  for  the  current  year,  and  that  she  is  likely  to  be 
but  too  successful  in  the  great  article  of  money.  The  Parlia- 
ment have  voted  32,000  seamen;  and  a  considerable  land  rein- 
forcement for  their  southern  army  in  America  is  also  said  to  be 
in  preparation. 

Private  letters  by  the  same  conveyance  mention  that  the 
blockade  of  Gibraltar  is  going  on  with  alacrity,  and  that  the 
garrison  is  in  such  distress  as  flatters  the  hope  of  a  speedy 
capitulation. 

If  Mr.  Pendleton,  your  nephew,  is  still  with  you,  be  pleased 
to  return  him  my  compliments. 

With  great  respect,  I  am,  Dr  sir,  your  obedient  servant. 


TO  EDMUND   RANDOLPH. 

(Extract.) 

PHILADELPHIA,  May  1,  1781. 

DEAR  SIR, — A  letter  which  I  received  a  few  days  ago  from 
Mr.  Jefferson  gives  me  a  hope  that  he  will  lend  his  succor  in 
defending  the  title  of  Virginia.  He  professes  ignorance  of  the 
ground  on  which  the  report  of  the  committee  places  the  contro- 
versy. I  have  exhorted  him  not  to  drop  his  purpose,  and 
referred  him  to  you  as  a  source  of  copious  information  on  the 
subject.  I  wish  much  you  and  he  could  unite  your  ideas  on  it. 
Since  you  left  us  I  have  picked  up  several  pamphlets  which  had 
escaped  our  researches.  Among  them  are  the  examination  of 
the  Connecticut  claim,  and  the  charter  of  Georgia,  bound  up 
with  that  of  Maryland  and  four  others.  Presuming  that  a 
better  use  will  be  made  of  them,  I  will  send  them  by  Mr.  Jones, 
requesting,  however,  that  they  may  be  returned  by  the  hands  of 
him,  Doctor  Lee,  or  yourself,  as  the  case  may  be. 


44  WORKS    OF    MADISON.  1731. 


TO  PHILIP   MAZZEI. 

PHILADELPHIA,  July  7,  1781. 

MY  DEAR  FRIEND, — I  have  received  two  copies  of  your  favor 
of  the  7th  of  December  last,  and  three  of  that  of  the  30th  of 
November  preceding.  Having  neglected  to  bring  with  me  from 
Virginia  the  cypher  concerted  between  you  and  the  Executive, 
I  still  remain  ignorant  of  the  paragraph  in  your  last  which  I 
suppose  the  best  worth  knowing. 

The  state  of  our  affairs  has  undergone  so  many  vicissitudes 
since  you  embarked  for  Europe,  and  I  can  so  little  judge  how 
far  you  may  have  had  intelligence  of  them,  that  I  am  at  a  loss 
where  I  ought  to  begin  my  narrative.  As  the  present  posture 
of  them  is  the  most  interesting,  I  shall  aim  at  nothing  further 
at  present  than  to  give  you  some  idea  of  that,  referring  to  past 
events  so  far  only  as  may  be  necessary  to  explain  it. 

The  insuperable  difficulties  which  opposed  a  general  conquest 
of  America  seemed  as  early  as  the  year  1779  to  have  been  felt 
by  the  enemy,  and  to  have  led  them  into  the  scheme  of  directing 
their  operations  and  views  against  the  Southern  States  only. 
Clinton  accordingly  removed  with  the  principal  part  of  his 
force  from  New  York  to  South  Carolina,  and  laid  siege  to 
Charleston,  which,  after  an  honorable  resistance,  was  compelled 
to  surrender  to  a  superiority  of  force.  Our  loss  in  men,  besides 
the  inhabitants  of  the  town,  was  not  less  than  two  thousand. 
Clinton  returned  to  New  York.  Cornwallis  was  left  with 
about  five  thousand  troops  to  pursue  his  conquests.  General 
Gates  was  appointed  to  the  command  of  the  Southern  depart- 
ment, in  place  of  Lincoln,  who  commanded  in  Charleston  at  the 
time  of  its  capitulation.  He  met  Cornwallis  on  the  16th  of 
August,  1780,  near  Camden,  in  the  upper  part  of  South  Caro- 
lina and  on  the  border  of  North  Carolina.  A  general  action 
ensued,  in  which  the  American  troops  were  defeated  with  con- 
siderable loss,  though  not  without  making  the  enemy  pay  a 
good  price  for  their  victory.  Cornwallis  continued  his  progress 
into  North  Carolina,  but  afterwards  retreated  to  Camden. 
The  defeat  of  Gates  was  followed  by  so  general  a  clamor 


1781.  LETTERS.  45 

against  him,  that  it  was  judged  expedient  to  recall  him.  Greene 
was  sent  to  succeed  in  the  command.  About  the  time  of  his 
arrival  at  the  army,  Cornwallis,  having  been  reinforced  from 
New  York,  resumed  his  enterprise  into  North  Carolina.  A 
detachment  of  his  best  troops  was  totally  defeated  by  Morgan 
with  an  inferior  number,  and  consisting  of  a  major  part  of  mil- 
itia detached  from  Greene's  army.  Five  hundred  were  made 
prisoners,  between  two  and  three  hundred  killed  and  wounded, 
and  about  the  like  number  escaped.  This  disaster,  instead  of 
checking  the  ardor  of  Cornwallis,  afforded  a  new  incentive  to  a 
rapid  advance,  in  the  hope  of  recovering  his  prisoners.  The 
vigilance  and  activity,  however,  of  Morgan,  secured  them. 
Cornwallis  continued  his  pursuit  as  far  as  the  Dan  river,  which 
divides  North  Carolina  from  Virginia.  Greene,  whose  inferior 
force  obliged  him  to  recede  this  far  before  the  enemy,  received 
such  succors  of  militia  on  his  entering  Virginia  that  the  chase 
was  reversed.  Cornwallis,  in  his  turn,  retreated  precipitately. 
Greene  overtook  him  on  his  way  to  Wilmington,  and  attacked 
him.  Although  the  ground  was  lost  on  our  side,  the  British 
army  was  so  much  weakened  by  the  loss  of  five  or  six  hundred 
of  their  best  troops,  that  their  retreat  towards  Wilmington 
suffered  little  interruption.  Greene  pursued  as  long  as  any 
chance  of  reaching  his  prey  remained,  and  then,  leaving  Corn- 
wallis on  his  left,  took  an  oblique  direction  towards  Camden, 
which,  with  all  the  other  posts  in  South  Carolina  except 
Charleston  and  Ninety-Six,  have,  in  consequence,  fallen  again 
into  our  possession.  His  army  lay  before  the  latter  when  we 
last  heard  from  him.  It  contained  seven  or  eight  hundred  men 
and  large  quantities  of  stores.  It  is  nearly  two  hundred  miles 
from  Charleston,  and,  without  some  untoward  accident,  cannot 
fail  of  being  taken.  Greene  has  detachments  all  over  South 
Carolina,  some  of  them  within  a  little  distance  of  Charleston; 
and  the  resentments  of  the  people  against  their  late  insolent 
masters  ensure  him  all  the  aids  they  can  give  in  re-establishing 
the  American  Government  there.  Great  progress  is  also  ma- 
king in  the  redemption  of  Georgia. 

As  soon  as  Cornwallis  had  refreshed  his  troops  at  Wilming- 


46  WORKS    OF    MADISON.  1781. 

ton,  abandoning  his  Southern  conquests  to  their  fate,  he  pushed 
forward  into  Virginia.  The  parricide  Arnold  had  a  detach- 
ment at  Portsmouth  when  he  lay  on  the  Dan;  Philips  had  rein- 
forced him  so  powerfully  from  New  York,  that  the  junction  of 
the  two  armies  at  Petersburg  could  not  be  prevented.  The 
whole  force  amounted  to  about  six  thousand  men.  The  force 
under  the  Marquis  De  La  Fayette,  who  commanded  in  Virginia, 
being  greatly  inferior,  did  not  oppose  them,  but  retreated  into 
Orange  and  Culpeper  in  order  to  meet  General  Wayne,  who 
was  on  his  way  from  Pennsylvania  to  join  him.  Cornwallis 
advanced  northward  as  far  as  Chesterfield,  in  the  county  of 
Caroline,  having  parties  at  the  same  time  at  Page's  warehouse 
and  other  places  in  its  vicinity.  A  party  of  horse,  commanded 
by  Tarleton,  was  sent  with  all  the  secrecy  and  celerity  possible 
to  surprise  and  take  the  General  Assembly  and  Executive  who 
had  retreated  from  Richmond  to  Charlottesville.  The  vigilance 
of  a  young  gentleman  who  discovered  the  design  and  rode  ex- 
press to  Charlottesville  prevented  a  complete  surprise.  As  it 
was,  several  Delegates  were  caught,  and  the  rest  were  within 
an  hour  of  sharing  the  same  fate.  Among  the  captives  was 
Colonel  Lyon  of  Hanover.  Mr.  Kinlock,  a  member  of  Con- 
gress from  South  Carolina,  was  also  caught  at  Mr.  John 
Walker's,  whose  daughter  he  had  married  some  time  before. 
Governor  Jefferson  had  a  very  narrow  escape.  The  members 
of  the  Government  rendezvoused  at  Stanton,  where  they  soon 
made  a  House.  Mr.  Jefferson's  year  having  expired,  he  declined 
a  re-election,  and  General  Nelson  has  taken  his  place.  Tarle- 
ton's  party  retreated  with  as  much  celerity  as  it  had  advanced. 
On  the  junction  of  Wayne  with  the  Marquis  and  the  arrival  of 
militia,  the  latter  faced  about  and  advanced  rapidly  on  Corn- 
wallis, who  retreated  to  Richmond,  and  thence  precipitately  to 
Williamsburg,  where  he  lay  on  the  27th  ultimo.  The  Marquis 
pursued,  and  was  at  the  same  time  within  twenty  miles  of  that 
place.  One  of  his  advanced  parties  had  had  a  successful  skir- 
mish within  six  miles  of  Williamsburg.  Bellini  has,  I  under- 
stand, abided  patiently  in  the  college  the  dangers  and  incon- 
veniences of  such  a  situation.  I  do  not  hear  that  the  consequences 


1781.  LETTERS.  47 

have  condemned  the  experiment.  Such  is  the  present  state  of 
the  war  in  the  Southern  Department.  In  the  Northern,  the 
operations  have  been  for  a  considerable  time  in  a  manner  sus- 
pended. At  present,  a  vigorous  siege  of  New  York  by  General 
Washington's  army,  aided  by  five  or  six  thousand  French  troops 
under  Count  De  Rochambeau,  is  in  contemplation,  and  will  soon 
commence.  As  the  English  have  the  command  of  the  water, 
the  result  of  such  an  enterprise  must  be  very  uncertain.  It  is 
supposed,  however,  that  it  will  certainly  oblige  the  enemy  to 
withdraw  their  force  from  the  Southern  States,  which  may  be  a 
more  convenient  mode  of  relieving  them  than  by  marching  the 
troops  from  New  York  at  this  season  of  the  year  to  the  south- 
ward. On  the  whole,  the  probable  conclusion  of  this  campaign 
is,  at  this  juncture,  very  flattering,  the  enemy  being  on  the 
defensive  in  every  quarter. 

The  vicissitudes  which  our  finances  have  undergone  are  asN 
great  as  those  of  the  war,  the  depreciation  of  the  old  conti- 
nental bills  having  arrived  at  forty,  fifty,  and  sixty  for  one. 
Congress,  on  the  18th  of  March,  1780,  resolved  to  displace 
them  entirely  from  circulation,  and  substitute  another  currency, 
to  be  issued  on  better  funds,  and  redeemable  at  a  shorter  period. 
For  this  purpose,  they  fixed  the  relative  value  of  paper  and 
specie  at  forty  for  one;  directed  the  States  to  sink  by  taxes  the 
whole  two  hundred  millions  in  one  year,  and  to  provide  proper 
funds  for  sinking  in  six  years  a  new  currency  which  was  not 
to  exceed  ten  millions  of  dollars,  which  was  redeemable  within 
that  period,  and  to  bear  an  interest  of  five  per  cent.,  payable  in 
bills  of  exchange  on  Europe  or  hard  money.  The  loan-office 
certificates  granted  by  Congress  are  to  be  discharged  at  the 
value  of  the  money  at  the  time  of  the  loan;  a  scale  of  depre- 
ciation being  fixed  by  Congress  for  that  purpose.  This  scheme 
has  not  yet  been  carried  into  full  execution.  The  old  bills  are 
still  unredeemed,  in  part,  in  some  of  the  States,  where  they  have 
depreciated  to  two,  three,  and  four  hundred  for  one.  The  new 
bills,  which  were  to  be  issued  only  as  the  old  ones  were  taken 
in,  are  consequently  in  a  great  degree  still  unissued;  and  the 
depreciation  which  they  have  already  suffered  has  determined 


48  WORKS    OF    MADISON.  1781. 

Congress  and  the  States  to  issue  as  few  more  of  them  as  possi- 
ble. We  seem  to  have  pursued  our  paper  projects  as  far  as 
prudence  will  warrant.  Our  medium  in  future  will  be  princi- 
pally specie.  The  States  are  already  levying  taxes  in  it.  As 
the  paper  disappears,  the  hard  money  comes  forward  into  circu- 
lation. This  revolution  will  also  be  greatly  facilitated  by  the 
influx  of  Spanish  dollars  from  the  Havannah,  where  the  Spanish 
forces  employed  against  the  Floridas*  consume  immense  quan- 
tities of  our  flour,  and  remit  their  dollars  in  payment.  We 
also  receive  considerable  assistance  from  the  direct  aids  of  our 
ally,  and  from  the  money  expended  among  us  by  his  auxiliary 
troops.  These  advantages,  as  they  have  been  and  are  likely  to 
be  improved  by  the  skill  of  Mr.  Robert  Morris,  whom  we  have 
constituted  minister  of  our  finances,  afford  a  more  flattering 
prospect  in  this  department  of  our  affairs  than  has  existed  at 
any  period  of  the  war. 

The  great  advantage  the  enemy  have  over  us  lies  in  the 
superiority  of  their  navy,  which  enables  them  continually  to 
shift  the  war  into  defenceless  places,  and  to  weary  out  our 
troops  by  long  marches.  The  squadron  sent  by  our  ally  to  our 
support  did  not  arrive  till  a  reinforcement  on  the  part  of  the 
enemy  had  counteracted  their  views.  They  have  been  almost 
constantly  blocked  up  at  Rhode  Island  by  the  British  fleet. 
The  effects  of  a  hurricane  in  the  last  spring  on  the  latter  gave 
a  temporary  advantage  to  the  former,  but  circumstances  delayed 
the  improvement  of  it  till  the  critical  season  was  past.  Mr. 
Destouches,  who  commanded  the  French  fleet,  nevertheless 
hazarded  an  expedition  into  Chesapeake  bay.  The  object  of  it 
was  to  co-operate  with  the  Marquis  de  la  Fayette  in  an  attack 
against  Arnold,  who  lay  at  Portsmouth  with  about  fifteen  hun- 
dred British  troops.  Had  he  got  into  the  bay,  and  taken  a 
favorable  station,  the  event  would  certainly  have  been  adequate 
to  our  hopes.  Unfortunately,  the  British  fleet,  which  followed 
the  French  immediately  from  Rhode  Island,  reached  the  capes 
of  Virginia  first.  On  the  arrival  of  the  latter,  a  regular  and 

*  They  have  lately  taken  "West  Florida  with  a  garrison  of  1,500  troops. 


1781.  LETTERS.  49 

fair  combat  took  place.  It  lasted  for  several  hours,  and  ended 
rather  in  favor  of  our  allies.  As  the  enemy,  however,  were 
nearest  the  capes,  and  one  of  the  French  ships  had  lost  her 
rudder,  and  was  otherwise  much  damaged,  the  commander 
thought  it  best  to  relinquish  his  object,  and  return  to  his  former 
station.  The  damage  sustained  by  the  enemy,  according  to 
their  own  representation,  exceeded  that  of  the  French;  and  as 
their  number  of  ships  and  weight  of  metal  were  both  superior, 
it  does  great  honor  to  the  gallantry  and  good  conduct  of  Mr. 
Destouches.  Congress,  and  indeed  the  public  at  large,  were  so 
sensible  of  this,  that  their  particular  thanks  were  given  him  on 
the  occasion. 

No  description  can  give  you  an  adequate  idea  of  the  barbarity 
with  which  the  enemy  have  conducted  the  war  in  the  Southern 
States.  Every  outrage  which  humanity  could  suffer  has  been 
committed  by  them.  Desolation  rather  than  conquest  seems  to 
have  been  their  object.  They  have  acted  more  like  desperate 
bands  of  robbers  or  buccaneers  than  like  a  nation  making  war 
for  dominion.  Negroes,  horses,  tobacco,  &c.,  not  the  standards 
and  arms  of  their  antagonists,  are  the  trophies  which  display 
their  success.  Rapes,  murders,  and  the  whole  catalogue  of 
individual  cruelties,  not  protection  and  the  distribution  of 
justice,  are  the  acts  which  characterize  the  sphere  of  their 
usurped  jurisdiction.  The  advantage  we  derive  from  such  pro- 
ceedings would,  if  it  were  purchased  on  other  terms  than-  the 
distresses  of  our  citizens,  fully  compensate  for  the  injury  accru- 
ing to  the  public.  They  are  a  daily  lesson  to  the  people  of  the 
United  States  of  the  necessity  of  perseverance  in  the  contest; 
and  wherever  the  pressure  of  their  local  tyranny  is  removed, 
the  subjects  of  it  rise  up  as  one  man  to  avenge  their  wrongs 
and  prevent  a  repetition  of  them.  Those  who  have  possessed 
a  latent  partiality  for  them,  as  their  resentment  is  embittered 
by  their  disappointment,  generally  feel  most  sensibly  their 
injuries  and  insults,  and  are  the  foremost  in  retaliating  them. 
It  is  much  to  be  regretted  that  these  things  are  so  little  known 
in  Europe.  Were  they  published  to  the  world  in  their  true 
colors,  the  British  nation  would  be  hated  by  all  nations  as  much 

VOL.  i.  4 


50  WORKS    OF    MADISON.  1781. 

as  they  have  heretofore  been  feared  by  any,  and  all  nations 
would  be  sensible  of  the  policy  of  abridging  a  power  which 
nothing  else  can  prevent  the  abuse  of. 


TO   COL.   JAMES   MADISON. 

PHILADELPHIA,  August  1,  1781. 

We  have  heard  little  of  late  from  Europe,  except  that  the 
mediation  proffered  by  Russia  in  the  dispute  between  England 
and  Holland  has  been  referred  by  the  former  to  the  general 
pacification,  in  which  the  mediation  of  the  Emperor  will  be 
joined  with  that  of  Russia.  As  this  step  is  not  very  respectful 
to  Russia,  it  can  only  proceed  from  a  distrust  of  her  friendship, 
and  the  hopes  entertained  by  Britain  as  to  the  issue  of  the  cam- 
paign, which,  as  you  will  see  in  an  intercepted  letter  from  Ger- 
maine  to  Clinton,  were  extravagantly  sanguine.  We  have  no 
late  intelligence  from  the  West  Indies.  General  Washington 
is  going  on  with  his  preparations  and  operations  against  New 
York.  What  the  result  will  be  can  be  decided  by  time  alone. 
We  hope  they  will  at  least  withdraw  some  of  the  invaders  from 
Virginia.  The  French  fleet  is  still  at  Rhode  Island.  The 
British,  it  is  reported,  has  lately  left  the  Hook. 

August  2. — Information  has  been  received  from  New  York, 
through  a  channel  which  is  thought  a  good  one,  that  orders  are 
gone  to  Virginia  for  a  large  part  of  the  troops  under  Corn- 
wallis  immediately  to  sail  for  that  place.  Should  this  be  well 
founded,  the  execution  of  the  orders  will  announce  it  to  you. 
Among  other  advantages  attending  an  evacuation  of  Virginia, 
it  will  not  be  the  least  that  the  communication  with  this  place 
by  the  bay  will  supply  the  State  with  many  necessary  articles 
which  are  now  transported  by  land  at  so  much  expense,  and 
will  enable  you  to  pay  for  them  easier  by  raising  the  price  of 
your  commodities.  It  gives  me  pain  to  hear  that  so  many  of 
the  people  have  incautiously  sold,  or  rather  given  away,  their 
tobacco  to  speculators,  when  it  was  in  no  danger  from  the 
enemy.  The  destruction  of  that  article,  which  alarmed  them, 


1781.  LETTERS.  51 

was  an  obvious  cause  of  its  future  rise,  and  a  reason  for  their 
retaining  it  till  the  alarm  should  be  over.  Goods  of  all  kinds, 
particularly  dry  goods,  are  rising  here  already.  Salt,  in  par- 
ticular, has  risen  within  a  few  days  from  two  dollars  to  a  guinea 
per  bushel. 


TO  THE  HON.   EDMUND  PENDLETON. 

PHIIA,  September  18,  1781. 

DEAR  Sin, — I  was  yesterday  favored  with  yours  of  the  10th 
instant.  The  various  reports  arrived  of  late  from  the  Chesa- 
peake prepared  us  for  a  confirmation  from  our  correspondents 
of  a  fortunate  rencontre  between  the  two  fleets.  A  continua- 
tion of  these  reports,  although  unsupported  by  any  authentic 
evidence,  still  keeps  up  the  public  anxiety.  We  have  not  heard 
a  word  of  De  Banes.  The  arrival  of  Digby  is  far  from  being 
certain,  and  the  circulating  reports  have  reduced  his  force  to 
six  ships  of  the  line.  The  preparations  at  New  York  for  some 
movement  are  pretty  well  attested.  The  conjectures  of  many 
are  directing  it  against  this  city,  as  the  most  practicable  and 
important  object  within  the  reach  of  Clinton.  The  successful 
blow  struck  by  the  parricide  Arnold  against  the  town  of  New 
London  is  described,  as  far  as  the  particulars  are  known  here, 
in  the  enclosed  Gazette.  There  have  been  several  arrivals  of 
late  from  Europe  with  very  little  intelligence  of  any  kind,  and 
with  none  from  official  sources.  It  all  relates  to  the  junction 
of  the  French  and  Spanish  fleets,  for  the  purpose  of  renewing 
the  investiture  of  Gibraltar,  and  enterprising  something  against 
Minorca.  Thus  the  selfish  projects  of  Spain  not  only  withhold 
from  us  the  co-operation  of  their  armaments,  but  divert  in  part 
that  of  our  allies;  and  yet  we  are  to  reward  her  with  a  cession 
of  what  constitutes  the  value  of  the  finest  part  of  America. 

General  Washington  and  the  Count  de  Rochambeau,  with 
the  forces  under  them,  have,  I  presume,  by  this  time,  got  within 
Virginia.  This  revolution  in  our  military  plan  cannot  fail  to 
produce  great  advantages  to  the  Southern  department,  and  par- 


52  WORKS    OF    MADISON.  1781. 

ticularly  to  Virginia,  even  if  the  immediate  object  of  it  should 
be  unexpectedly  frustrated.  The  presence  of  the  Commander- 
in-chief,  with  the  proportion  of  our  force  which  will  always 
attend  him,  will  better  protect  the  country  against  the  depreda- 
tions of  the  enemy,  although  he  should  be  followed  by  troops 
from  New  York  which  would  otherwise  remain  there,  than  it 
has  hitherto  been ;  will  leave  the  militia  more  at  leisure  to  pur- 
sue their  occupations,  at  the  same  time  that  the  demands  of  the 
armies  will  afford  a  sure  market  for  the  surplus  provisions  of 
the  country;  will  diffuse  among  them  a  share  of  the  gold  and 
silver  of  our  ally,  and,  I  may  now  say,  of  our  own,  of  which 
their  Northern  brethren  have  hitherto  had  a  monopoly,  which 
will  be  peculiarly  grateful  to  them  after  having  been  so  long 
gorged  with  depreciating  paper;  and  as  we  may  suppose  that 
the  ships  of  our  ally  allotted  for  our  service  will,  so  long  as  his 
troops  remain  in  the  United  States,  be  kept  in  the  Chesapeake, 
it  will  revive  the  trade  through  that  channel,  reduce  the  price 
of  imported  necessaries,  and  raise  the  staple  of  the  country  once 
more  to  its  proper  value. 

I  am,  Dr  Sir,  your  sincere  friend,  and  obt  servt. 


TO   THE  HON.    EDMUND   PENDLETON. 

PHIIA,  October  2,  1781. 

DEAR  SIR, — Yours  of  24th  ultimo  came  safe  by  yesterday's 
post.  In  addition  to  the  paper  of  this  day,  I  enclose  you  two 
of  the  preceding  week,  in  one  of  which  you  will  find  a  very 
entertaining  and  interesting  speech  of  Mr.  Fox,  and  in  the  other, 
a  handsome  forensic  discussion  of  a  case  important  in  itself, 
and  which  has  some  relation  to  the  State  of  Virginia. 

Our  intelligence  from  N.  York  through  several  channels  con- 
firms the  sufferings  of  the  British  fleet  from  their  rash  visit  to 
the  capes  of  the  Chesapeake.  The  troops  which  were  kept  in 
transports  to  await  that  event  have,  since  the  return  of  the 
fleet,  been  put  on  shore  on  Staten  Island.  This  circumstance 


1781.  LETTERS.  53 

has  been  construed  into  a  preliminary  to  an  expedition  to  this 
city,  which  had  revived,  till  within  a  few  days,  the  preparations 
for  a  militia  opposition,  but  is  better  explained  by  the  raging 
of  a  malignant  fever  in  the  city  of  N.  York.  Digby,  we  hear, 
is  now  certainly  arrived,  but  with  three  ships  of  the  line  only. 
It  is  given  out  that  three  men  with  a  large  number  of  transports 
came  with  him,  and  that  they  only  lay  back  till  it  was  known 
whether  they  could  proceed  to  N.  Y.  with  safety.  This  is  not 
improbably  suspected  to  be  a  trick  to  palliate  the  disappoint- 
ment and  to  buoy  up  the  sinking  hopes  of  their  adherents,  the 
most  staunch  of  whom  give  up  Lord  Cornwallis  as  irretrieva- 
bly lost. 

We  have  received  some  communications  from  Europe  relative 
to  the  general  state  of  its  affairs.  They  all  centre  in  three 
important  points.  The  first  is  the  obstinacy  of  Great  Britain; 
the  second,  the  fidelity  of  our  ally;  and  the  third,  the  absolute 
necessity  of  vigorous  and  systematic  preparations  for  war  on 
our  part,  in  order  to  insure  a  speedy,  as  well  as  favorable 
peace.  The  wisdom  of  the  Legislature  of  Virginia  will,  I  flatter 
myself,  not  only  prevent  an  illusion  from  the  present  brilliant 
prospects,  but  take  advantage  of  the  military  ardor  and  san- 
guine hopes  of  the  people  to  recruit  their  line  for  the  war.  The 
introduction  of  specie  will  also,  I  hope,  be  made  subservient  to 
some  salutary  operations  in  their  finances.  Another  great 
object,  which,  in  my  opinion,  claims  an  immediate  attention 
from  them,  is  some  liberal  provision  for  extending  the  benefits 
of  government  to  the  distant  parts  of  the  State.  I  am  not  able 
to  see  why  this  cannot  be  done  so  as  fully  to  satisfy  the  exigen- 
cies of  the  people,  and  at  the  same  time  preserve  the  idea  of 
unity  in  the  State.  Any  plan  which  divides  in  any  manner  the 
sovereignty  may  be  dangerous,  and  precipitate  an  evil  which 
ought,  and  may  at  least,  be  long  procrastinated.  The  adminis- 
tration of  justice,  which  is  the  capital  branch,  may  certainly  be 
diffused  sufficiently,  and  kept  in  due  subordination  in  every  part 
to  one  supreme  tribunal.  Separate  boards  for  crediting  [audit- 
ing?] accounts  may  also  be  admitted  with  safety  and  propriety. 
The  same  as  to  a  separate  depository  for  the  taxes,  &c.,  and  as 


54  WORKS    OF    MADISON.  1781, 

to  a  land  office.  The  military  powers  of  the  Executive  may  well 
be  intrusted  to  militia  officers  of  rank,  as  far  as  the  defence  of 
the  country  and  the  custody  of  military  stores  make  it  neces- 
sary. A  complete  organization  of  the  militia,  in  which  general 
officers  would  he  erected, would  greatly  facilitate  this  part  of  the 
plan.  Such  an  one,  with  a  council  of  field  officers,  might  exer- 
cise, without  encroaching  on  the  constitutional  powers  of  the 
supreme  Executive,  all  the  powers  over  the  militia  which  any 
emergency  could  demand. 

I  am,  Dr  Sir,  yours  sincerely. 


TO   THE   HON.    EDMUND   PENDLETON. 

PHILA?  Oct.  9.  1781. 

DEAR  SIR, — Having  sent  you  the  arguments  on  one  side  of 
the  judiciary  question  relating  to  the  property  of  Virginia 
seized  by  Mr.  Nathan,  it  is  but  reasonable  that  you  should  see 
what  was  contended  on  the  other  side.  With  this  view,  although 
I  in  some  measure  usurp  the  task  of  Mr.  Jones,  I  enclose  the 
paper  of  Wednesday  last.  As  it  may  escape  Mr.  Jones,  I  also 
enclose  a  copy  of  Mr.  Adams's  memorial  to  the  States  general. 
I  wish  I  could  have  informed  you  of  its  being  lodged  in  the 
archives  of  their  High  Mightinesses  instead  of  presenting  it  to 
you  in  print. 

I  am,  Dr  Sir,  ys  affectionately. 


TO   THE   HON.   EDMUND   PENDLETON. 
(In  answer  to  Mr.  P:s,  8th  Oct.) 

PHILA,  Oct.  16th,  1781. 

DEAR  SIR,— When  you  get  a  sight  of  the  resolution  of  the 
General  Assembly,  referred  to  in  your  favor  of  the  8th,  you 
will  readily  judge  from  the  tenor  of  it  what  steps  would  be 
taken  by  the  Delegates.  It  necessarily  submitted  the  fate  of 


1781.  LETTERS.  55 

the  object  in  question  to  the  discretion  and  prospects  of  the 
gentleman  whom  reports,  it  seems,  have  arraigned  to  you,  but 
who,  I  am  bound  in  justice  to  testify,  has  entirely  supported  the 
character  which  he  formerly  held  with  you.*  I  am  somewhat 
surprised  that  you  never  had  before  known  of  the  Resolution 
just  mentioned,  especially  as,  what  is  indeed  much  more  sur- 
prising, it  was  both  debated  and  passed  with  open  doors  and  a 
full  gallery.  This  circumstance  alone  must  have  defeated  any 
reservations  attached  to  it. 

The  N.  York  papers  and  the  intelligence  from  thence  make  it 
evident  that  they  have  no  hope  of  relieving  Cornwallis,  unless 
it  can  be  effected  by  some  desperate  naval  experiment,  and  that 
such  an  one  will  be  made.  Their  force  will  probably  amount 
to  twenty-six  sail  of  the  line,  and  if  we  are  not  misinformed  as 
to  the  late  arrival  of  three  ships  of  the  line,  to  twenty-nine  sail. 
The  superiority  still  remaining  on  the  part  of  our  allies,  and  the 
repeated  proofs  given  of  their  skill  and  bravery  on  the  water, 
forbid  any  apprehension  of  danger.  At  the  same  time,  we  can- 
not help  calculating  that  every  addition  to  the  British  force 
proportionally  diminishes  the  certainty  of  success.  A  fleet  of 

provisions  amounting  to  about sail,  convoyed  by  a 

forty-four  and  two  frigates,  have  arrived  at  N.  Y.  within  the 
week  past. 

Having  sent  all  the  papers  containing  the  proceedings  on  the 
case  of  Mr.  N.  against  Virga,  as  they  came  out,  I  shall,  to  com- 
plete your  view  of  it,  add  the  last  effort  in  his  favor  published 
in  the  enclosed  No.  of  the  Freeman's  Journal.  I  am  told,  how- 
ever, that  the  publisher  ought  to  have  subjoined  that  the  Privy 
Council  interposed,  and  directed  restitution  of  the  King  of 
Spain's  effects. 

I  am,  Dr  Sir,  yrs  affly. 


*  Mr.  Jay,  Minister  to  Spain. 


WORKS    OF    MADISON.  1781. 


TO   THE   HON.   EDMUND   PENDLETON. 

PHILA,  Nov.  27th,  1781. 

DEAR  SIB,— Your  favor  of  the  19th  inst.  came  to  hand  yes- 
terday. On  the  same  evening  arrived  our  illustrious  general, 
returning  to  his  position  on  the  North  river.  We  shall  prob- 
ably, however,  have  his  company  here  for  some  days  at  least, 
where  he  will  be  able  to  give  Congress  very  seasonable  aid  in 
settling  the  military  establishment  for  the  next  year,  about 
which  there  is  some  diversity  of  opinion.  Whatever  the  total 
requisition  of  men  may  be  on  the  States,  I  cannot  but  wish  that 
Virginia  may  take  effectual  measures  for  bringing  into  the  field 
her  proportion  of  men.  One  reason  for  this  wish  is  the  calum- 
nies which  her  enemies  ground  on  her  present  deficiency ;  but 
the  principal  one  is  the  influence  that  such  an  exertion  may 
have  in  preventing  insults  and  aggressions,  from  whatever 
quarter  they  may  be  meditated,  by  shewing  that  we  are  able  to 
defy  them. 

The  Delegates  have  lately  transmitted  to  the  G-overnor,  for 
the  Assembly,  all  the  proceedings  which  have  taken  place  on 
the  subject  of  the  Territorial  cessions.  The  tenor  of  them,  and 
the  reception  given  them  by  the  Assembly,  will,  I  doubt  not,  be 
communicated  to  you  by  some  of  your  correspondents  in  it. 

There  is  pretty  good  reason  to  believe  that  a  descent  on 
Minorca  has  actually  taken  place.  It  is  a  little  problematical 
with  me  whether  successes  against  Great  Britain  in  any  other 
quarter  except  America  tend  much  to  hasten  a  peace.  If  they 
increase  her  general  distress,  they  at  the  same  time  increase 
those  demands  against  her  which  are  likely  to  impede  negotia- 
tions, and  her  hopes  from  the  sympathy  of  other  powers.  They 
are  favorable  to  us,  however,  in  making  it  more  the  interest  of 
all  the  belligerent  powers  to  reject  the  uti  possidetis  as  the 
basis  of  a  pacification. 

The  report  of  Rodney's  capture  never  deserved  the  attention, 
it  seems,  which  was  given  to  it. 

I  am,  Dr  Sir,  yrs  sincerely. 


1781.  LETTERS.  57 


TO   THE   HON.  EDMUND   PENDLETON. 

PHIL.,  Dec.  llth,  1781. 

J)R  SIR, — I  am  favored  with  yours  of  the  3d  instant.  Other 
letters  by  the  same  conveyance  confirm  your  report  of  the  elec- 
tion of  Mr.  Harrison  to  the  chief  magistracy.  Several  other 
appointments  are  mentioned  which  I  make  no  doubt  are  all 
well  known  to  you. 

On  whichever  side  Mr.  Deane's  letters  are  viewed,  they  pre- 
sent mysteries.  Whether  they  be  supposed  genuine  or  spurious, 
or  a  mixture  of  both,  difficulties  which  cannot  well  be  answered 
may  be  started.  There  are,  however,  passages  in  some  of  them 
which  can  scarcely  be  imputed  to  any  other  hand.  But  it  is 
unnecessary  to  rely  on  these  publications  for  the  real  character 
of  the  man.  There  is  evidence  of  his  obliquity  which  has  for  a 
considerable  time  been  conclusive. 

Congress  have  not  resumed  their  proceedings  on  the  Western 
business.  They  have  agreed  on  a  requisition  on  the  States  for 
8,000,000  of  dollars,  and  a  completion  of  their  lines  according 
to  the  last  establishment  of  the  army.  We  endeavored,  though 
with  very  little  effect,  to  obtain  deductions  in  the  first  article 
from  the  quota  of  Virginia,  but  we  did  not  oppose  the  aggregate 
of  the  demand  in  either.  If  we  do  not  obtain  a  sufficiency  of 
men  and  money  from  the  States  by  regular  and  duly-appointed 
calls,  we  know  by  experience  that  the  burden  of  the  war  will 
fall  on  the  resources  of  the  States  which  happen  to  be  the  sub- 
ject of  it. 

Mr.  Moore,  late  Vice  President,  has  been  elected  President  of 
this  State  in  place  of  Mr.  Reed,  whose  period  of  eligibility  was 
out. 

I  am,  dr  sir,  yours. 


58  WORKS     OF    MADISON.  1781> 


TO   THE   HON.   EDMUND   PENDLETON. 

PHILA,  Dec.  25th,  1781. 

DEAR  SIR, — You  only  do  me  justice  in  ascribing  your  dis- 
appointment in  the  part  of  the  week  preceding  your  favor  of 
the  16th  instant  to  some  other  cause  than  my  neglect.  If  I 
were  less  disposed  to  punctuality,  your  example  would  preserve 
me  from  transgressing  it.  As  the  last  letter  went  to  the  post- 
office  here,  and  you  did  not  receive  it  from  the  post  in  Virginia, 
the  delinquency  must  have  happened  in  that  line.  It  is,  how- 
ever, I  believe,  of  little  consequence,  as  I  do  not  recollect  that 
anything  material  has  been  contained  in  my  letters  for  several 
weeks,  any  more  than  there  will  be  in  this,  in  which  I  have 
little  else  to  say  than  to  tender  you  the  compliments  of  the  day. 
Perhaps,  indeed,  it  will  be  new  to  you  what  appeared  here  in  a 
paper  several  days  ago,  that  the  success  of  Commodore  John- 
stone  in  taking  five  Dutch  East  Indiamen,  homeward  bound, 
and  destroying  a  sixth,  is  confirmed.  Whatever  may  be  thought 
of  this  stroke  of  fortune  by  him  and  his  rapacious  crew,  the 
Ministry  will  hardly  think  it  a  compensation  to  the  public  for 
the  danger  to  which  the  remains  of  their  possessions  in  the  East 
will  be  exposed  by  the  failure  of  his  expedition. 

It  gives  me  great  pleasure  to  hear  of  the  honorable  acquittal 
of  Mr.  Jefferson.  I  know  his  abilities,  and  I  think  I  know  his 
fidelity  and  zeal  for  his  country  so  well,  that  I  am  persuaded  it 
was  a  just  one.  We  are  impatient  to  know  whether  he  will 
undertake  the  new  service  to  which  he  is  called. 
I  am,  Dr  Sir,  yrs  affectionately. 


TO   JAMES  MADISON,   ESQ. 

Feb.  12th,  1782. 

HOND  SIR,—  *        * 

The  disappointment  in  forwarding  the  money  by  Mr.  Brown- 
low  has  been  sorely  felt  by  me,  and  the  more  so  as  the  Legisla- 


1782.  LETTERS.  59 

ture  has  made  no  provision  for  the  subsistence  of  the  Delegates 
that  can  be  relied  on.  I  hope  some  opportunity  will  soon  put  it 
in  your  power  to  renew  the  attempt  to  transmit  it,  and  that  the 
delay  will  have  made  considerable  addition  to  it.  Besides  the 
necessity  of  this  supply  for  the  common  occasions,  I  have  fre- 
quent opportunities  here  of  purchasing  many  scarce  and  neces- 
sary books  at  a  fourth  of  the  price  which,  if  to  be  had  at  all, 
they  will  hereafter  cost  me.  If  an  immediate  conveyance  does 
not  present  itself  for  the  cash,  I  would  recommend  that  a  bill 
of  exchange  on  some  merchant  here  be  got  of  Mr.  Hunter,  Mr. 
Maury,  or  other  respectable  merchant,  and  forwarded  by  the 
post.  This  is  a  safer  method  than  the  first,  and  I  make  no 
doubt  is  very  practicable.  I  wish,  at  all  events,  the  trial  to  be 
made,  and  that  speedily. 

I  recollect  nothing  new  which  is  not  contained  in  some  of  the 
late  papers. 

Present  my  affectionate  regards  to  all  the  family.    I  have  not 
time  to  add  more  than  that  I  am, 
Your  dutiful  son. 


TO    COL.    JAMES  MADISON. 

PHILADELPHIA,  March  30th,  1782. 

HOND  SIR, — The  newspapers  will  give  you  in  general  the  in- 
telligence we  have  from  Europe.  As  far  as  we  are  enabled  to 
judge  of  the  views  of  the  British  Cabinet,  the  misfortunes  of 
one  more  campaign,  at  least,  will  be  necessary  to  conquer  their 
obstinacy.  They  are  attempting  a  separate  peace  with  the 
Dutch,  and  talk  of  suspending  their  offensive  war  against  us, 
and  directing  their  whole  resources  against  the  naval  power  of 
France  and  Spain.  If  this  be  their  real  plan,  we  may  be  sure 
they  do  mean  by  it  not  to  abandon  their  pretensions  to  the 
United  States,  but  try  another  mode  for  recovering  them.  Dur- 
ing their  offensive  exertions  against  our  Ally,  they  can  be  prac- 
tising insidious  ones  against  us;  and  if  in  the  first  they  should 


WORKS    OF    MADISON.  1782. 


be  successful,  and  in  the  latter  disappointed,  a  renewal  of  a 
vigorous  war  upon  us  will  certainly  take  place.  The  best 
security  against  every  artifice  and  every  event  will  be  such 
military  preparations  on  our  part  as  will  be  sufficient  either  to 
resist  or  expel  them,  as  the  case  may  require. 


TO   JA3IES  MADISON,   ESQ. 

PHILADELPHIA,  May  20th,  1782. 

HOND  Sm, — Having  written  a  letter  and  enclosed  it  with 
a  large  collection  of  newspapers  for  you,  which  was  to  have 
been  carried  by  Mr.  J.  Smith,  but  which  I  have  now  put  into 
the  hands  of  Captain  Walker,  whose  return  will  be  quicker, 
little  remains  for  me  to  add  here. 

Our  anxiety  on  account  of  the  West  India  news,  published  at 
New  York,  is  still  supported  by  contradictory  reports  and  con- 
jectures. The  account,  however,  to  which  Rodney's  name  is 
prefixed,  renders  our  apprehensions  too  strong  for  our  hopes. 
Rivington  has  been  very  bold  in  several  of  his  spurious  publica- 
tions, and  at  this  conjuncture  might  venture  as  far  to  serve  a 
particular  turn  as  at  any.  But  it  is  scarcely  credible  that  he 
would  dare  or  be  permitted  to  sport  with  so  high  an  official 
name. 

If  Mr.  Jefferson  will  be  so  obliging  as  to  superintend  the 
legal  studies  of  William,  I  think  he  cannot  do  better  than  pro- 
secute the  plan  he  has  adopted.  The  interruption  occasioned 
by  the  election*  of  Mr.  J.,  although  inconvenient  in  that  respect, 
is  by  no  means  a  decisive  objection  against  it. 

I  did  not  know  before  that  the  letters  which  Mr.  Walker  was 
to  have  carried  last  fall  had  met  with  the  fate  which  it  seems 
they  did.  I  shall  be  more  cautious  hereafter.  The  papers 
missing  in  your  list  were,  I  presume,  for  I  do  not  recollect,  con- 
tained in  them. 

If  Continental  money  passes  here  at  all,  it  is  in  a  very  small 

*  Mr.  Jefferson  had  just  been  elected  to  the  Legislature  of  the  State  from  the 
county  of  Albemarle. 


1783.  LETTERS.  Ql 

quantity,  at  very  great  discount,  and  merely  to  serve  particular 
local  and  temporary  ends. 

It  has  at  no  time  been  more  difficult  for  me  to  fix  my  probable 
return  to  Virginia.  At  present  all  my  colleagues  have  left 
Congress  except  Colonel  Bland,  and  it  is  a  crisis  which  calls 
for  a  full  representation  from  every  State.  Anxious  as  I  am  to 
visit  my  friends,  as  long  as  I  sustain  a  public  trust  I  shall  feel  a 
principle  which  is  superior  to  it. 


TO  JAMES  MADISON,   ESQ. 

Jan.  1st,  1783. 
HONDSlR,—          *          *  *  *  *  * 

The  negotiations  for  peace  are  said  to  be  going  on  under  the 
late  commission  to  Mr.  Oswald,  which  authorizes  him  to  treat 
with  commissioners  from  the  thirteen  United  States.  Mr.  Jeffer- 
son will  depart  in  a  little  time,  in  order  to  give  his  aid  in  case 
it  be  in  season.  The  insidiousness  and  instability  of  the  British 
Cabinet  forbid  us  to  be  sanguine,  especially  as  the  relief  of 
Gibraltar  was  posterior  to  Oswald's  commission,  and  the  in- 
terests to  be  adjusted  among  the  belligerent  parties  are  ex- 
tremely complicated. 

I  am,  with  great  affection,  your  dutiful  son. 


TO  JAMES  MADISON,   ESQ. 

PHILADELPHIA,  Feb.  12th,  1783. 

HoN'Sra-  ****** 
I  readily  suppose,  from  the  reports  prevalent  here,  that  some 
information  on  the  subject  of  peace  will  be  expected,  and  I  wish 
it  were  in  my  power  to  gratify  you.  The  truth  is,  we  are  in 
nearly  as  great  uncertainty  here  as  you  can  be.  Every  day, 
almost,  brings  forth  some  fresh  rumor,  but  it  is  so  mingled  with 
mercantile  speculations  that  little  faith  is  excited.  The  most 
favorable  evidence  on  the  side  of  peace  seems  to  be  a  material 


62  WORKS    OF    MADISON.  1783. 

fall  in  the  price  of  imported  goods;  which,  considering  the 
sagacity  and  good  intelligence  of  merchants,  is  a  circumstance 
by  no  means  to  be  despised.  A  little  time  will  probably  decide 
in  the  case,  when  I  shall  follow  this  with  something  more  satis- 
factory. 

In  the  mean  time,  I  remain  your  affectionate  son. 


TO  THOMAS  JEFFERSON,   ESQ. 

PHILADELPHIA,  Feb.  llth,  1783. 

DEAR  SIR, — Your  favor  of  the  31st  of  January  was  safely 
brought  by  Mr.  Thompson.  That  of  the  7th  instant  came  by 
yesterday's  mail.  The  anecdote  related  in  the  first  was  new  to 
me,*  and  if  there  were  no  other  key,  would  sufficiently  decipher 
the  implacability  of  the  party  triumphed  over.  In  answer  to 
the  second,  I  can  only  say  at  this  time,  that  I  feel  deeply  for 
your  situation,!  that  I  approve  of  the  choice  you  have  made 
among  its  difficulties,  and  that  every  aid  which  can  depend  on 
me  shall  be  exerted  to  relieve  you  from  them.  Before  I  can 
take  any  step  with  propriety,  however,  it  will  be  expedient  to 
feel  the  sentiments  of  Congress,  and  to  advise  with  some  of  my 
friends.  The  first  point  may  possibly  be  brought  about  by  your 
letter  to  the  Secretary  of  Foreign  Affairs,  which  I  suppose  came 
too  late  yesterday  to  be  laid  before  Congress,  but  which  will, 
no  doubt,  be  handed  in  this  morning. 

The  time  of  Congress  since  you  left  us  has  been  almost  exclu- 
sively spent  on  projects  for  a  valuation  of  the  land,  as  the 
federal  articles  require,  and  yet  I  do  not  find  that  we  have  got 
an  inch  forward  towards  the  object.  The  mode  of  referring 
the  task  to  the  States,  which  had  at  first  the  warmest  and  most 
numerous  support,  seems  to  be  in  a  manner  abandoned,  and 

*  The  anecdote  referred  to  an  occurrence  between  Dr.  Franklin  and  Arthur 
Lee. 

t  Untoward  detention  at  Annapolis,  whither  Mr.  Jefferson  had  gone  to  embark 
for  Europe  as  one  of  the  commissioners  to  treat  of  peace. 


1783.  LETTERS.  63 

nothing  determinate  is  yet  offered  on  the  mode  of  effecting  it 
without  their  intervention.  The  greatest  misfortune,  perhaps, 
attending  the  case  is,  that  a  plan  of  some  kind  is  made  an  indis- 
pensable preliminary  to  any  other  essay  for  the  public  relief.  I 
much  question  whether  a  sufficient  number  of  States  will  be 
found  in  favor  of  any  plan  that  can  be  devised,  as  I  am  sure 
that  in  the  present  temper  of  Congress  a  sufficient  number 
cannot,  who  will  agree  to  tell  their  constituents  that  the  law 
of  the  Confederation  cannot  be  executed,  and  to  propose  an 
amendment  of  it. 

Congress  yesterday  received  from  Mr.  Adams  several  letters 
dated  September,  not  remarkable  for  anything  unless  it  be  a 
fresh  display  of  his  vanity,  and  prejudice  against  the  French 
court,  and  his  venom  against  Doct.  Franklin.  Other  prepara- 
tions for  the  post  do  not  allow  me  to  use  more  cypher  at  present. 

I  have  a  letter  from  Randolph  dated  February  1,  confirming 
the  death  of  his  aunt.  You  are  acquainted,  no  doubt,  with  the 
course  the  estate  is  to  take.  He  seems  disposed,  in  case  he  can 
make  a  tolerable  compromise  with  his  father's  creditors,  to 
resign  his  appointment  under  the  State,  and  go  into  the  Legis- 
lature. His  zeal  for  some  Continental  arrangement  as  essential 
for  the  public  honor  and  safety  forms  at  least  one  of  his 
motives,  and  I  have  added  all  the  fuel  to  it  in  my  power. 

My  neglect  to  write  to  you  heretofore  has  proceeded  from  a 
hope  that  a  letter  would  not  find  you  at  Baltimore,  and  no  sub- 
ject has  occurred  for  one  of  sufficient  importance  to  follow  you. 
You  shall  henceforward  hear  from  me  as  often  as  an  occasion 
presents,  until  your  departure  forbids  it. 

The  ladies  and  gentlemen  to  whom  I  communicated  your 
respects  return  them  with  equal  sincerity,  and  the  former,  as 
well  as  myself,  very  affectionately  include  Miss  Patsy  in  the 
object  of  them. 

I  am,  dear  sir,  your  sincere  friend. 


64  WORKS    OF    MADISON.  1783. 


TO   GENEEAL   WASHINGTON. 

PHILADELPHIA,  April  29th,  1783. 

Sm) — I  have  been  honored  with  your  Excellency's  favor  of 
the  22d  instant,  bearing  testimony  to  the  merits  and  talents  of 
Mr.  McHenry.  The  character  which  I  had  preconceived  of  this 
gentleman  was  precisely  that  which  your  representation  has 
confirmed.  As  Congress  have  not  yet  fixed  the  peace  establish- 
ment for  their  foreign  aifairs,  and  will  not  probably  fill  up 
vacancies,  unless  there  be  some  critical  urgency,  until  such  an 
establishment  be  made,  it  is  uncertain  when  an  opportunity  will 
present  itself  of  taking  into  consideration  the  wishes  and  merits 
of  Mr.  McHenry.  Should  my  stay  here  be  protracted  till  that 
happens,  which  I  do  not  at  present  expect,  I  shall  feel  an  addi- 
tional pleasure  in  promoting  the  public  interest  from  my  knowl- 
edge that  I  at  the  same  time  fulfil  both  your  Excellency's 
public  judgment  and  private  inclination. 


TO  JAMES  MADISON,   ESQ. 

PHILA.,  May  27,  1783. 

HONDSm—          *          *          *          *          * 

I  have  hitherto  not  been  inattentive  to  the  request  of  Mrs. 
J.,  and  shall,  in  consequence  of  your  letter,  renew  my  efforts 
for  the  books,  which  the  return  of  peace  renders  more  likely  to 
be  attainable  for  her.  I  see  few  books  in  the  catalogue  which 
you  have  sent  which  are  worth  purchasing,  but  I  will  peruse  it 
more  carefully,  and  send  you  the  titles  of  such  as  I  may  select. 

I  received  a  letter  from  Mr.  Joseph  Chew  a  few  days  ago,  by 
which,  and  the  information  of  Colonel  Wadsworth,  who  brought 
it  and  is  a  friend  of  his,  I  find  that  he  is  in  New  York  with  his 
family;  that  they  are  all  well;  that  he  continues  as  yet  to  hold 
a  post  which  supports  them  comfortably;  that  although  he  has 
enjoyed  opportunities  of  honestly  laying  up  profits,  his  gene- 
rosity of  temper  has  prevented  it.  I  cannot  learn  whether  he 
proposes  to  remain  in  this  country  or  not,  but  am  inclined  to 


1783.  LETTERS.  65 

think  he  will  go  to  Canada,  where  he  has  some  little  expecta- 
tions. He  seems  to  be  exceedingly  anxious  to  hear  of  his 
friends  in  Virginia,  and  I  have  written  as  fully  to  him  on  the 
subject  as  my  knowledge  would  admit.  I  wish  some  of  his 
friends  on  the  spot,  and  particularly  yourself,  would  write  to 
him.  Besides  the  information  he  would  receive,  it  would  be  a 
pleasing  proof  to  him  that  he  still  retained  a  place  in  their 
remembrance  and  regards. 

We  are  without  information  of  late  as  to  the  progress  of  the 
definitive  treaty,  and  of  the  bill  in  the  British  Parliament  for 
opening  trade  with  the  United  States.  The  confusions  pro- 
duced in  their  counsels  by  the  long  suspension  of  the  Ministry 
seem  to  put  everything  to  a  stand.  The  paper  which  I  enclose 
will  give  you  the  latest  information  on  that  subject. 
Yr  dutiful  son. 


TO  JAMES  MADISON,   ESQ. 

PHILA.,  June  5,  1783. 

HOND  SIR, — By  the  post  preceding  the  last,  I  answered  yours 
of  the  16th,  addressing  it  to  the  care  of  Mr.  Maury.  I  was 
prevented  by  more  necessary  writing  from  enclosing  the  pa- 
pers again  by  the  last  post,  as  I  had  intended.  I  now  supply 
the  omission  by  two  gentlemen  going  to  Fredericksburg.  All 
the  news  we  have  received  is  contained  in  them,  and  respects 
solely  the  arrangement  which  is  at  length  made  of  a  British 
Ministry. 

Having  sent  several  copies  of  the  pamphlet  of  Congress  on 
the  subject  of  revenue,  &c.,  which  I  suppose  will  be  transcribed 
in  the  Virginia  gazettes,  I  shall  add  nothing  on  that  subject, 
presuming  that  you  will,  through  some  channel  or  other,  obtain 
a  sight  of  these  proceedings.  I  enclose  a  memorandum  of  the 
books  which  I  wish  you  to  select  from  Dr.  Hamilton's  catalogue. 

I  shall  take  care  not  to  disappoint  you  of  the  chair  which  I 
promised  to  bring  with  me.  The  time  of  my  setting  out  is  as 

VOL.  i.  5 


66 


WORKS    OF    MADISON".  1784. 


uncertain  as  at  the  date  of  my  last  •  but  it  will  certainly  take 
place  before  the  Fall. 

Remember  me  affly  to  my  mother  and  all  the  family,  and  be 
assured  that  I  am,  your  dutiful  son. 


TO  EDMUND   RANDOLPH. 

ORANGE,  March  10th.  1784. 

MY  DEAR  FRIEND, — Your  favor  of  the  27th  January  was 
safely  delivered  to  me  about  a  fortnight  ago,  and  was  received 
with  the  greater  pleasure,  as  it  promises  a  continuance  of  your 
friendly  attention.  I  am  sorry  that  my  situation  enables  me  to 
stipulate  no  other  return  than  sincere  and  thankful  acknowl- 
edgments. 

On  my  arrival  here,  which  happened  early  in  December,  I 
entered,  as  soon  as  the  necessary  attentions  to  my  friends 
admitted,  on  the  course  of  reading  which  I  have  long  meditated. 
Coke  Littleton,  in  consequence,  and  a  few  others  from  the  same 
shelf,  have  been  my  chief  society  during  the  winter.  My  pro- 
gress, which  in  so  short  a  period  could  not  have  been  great 
under  the  most  favorable  circumstances,  has  been  much  retarded 
by  the  want  of  some  important  books,  and  still  more  by  that  of 
some  living  oracle  for  occasional  consultation.  But  what  will 
be  most  noxious  to  my  project,  I  am  to  incur  the  interruptions 
which  will  result  from  attendance  in  the  Legislature,  if  the 
suffrage  of  my  county  should  destine  me  for  that  service,  which 
I  am  made  to  expect  will  be  the  case.  Among  the  circum- 
stances which  reconcile  me  to  this  destination,  you  need  not  be 
assured  that  the  opportunity  of  being  in  your  neighborhood  has 
its  full  influence. 

I  have  perused,  with  both  pleasure  and  edification,  your  ob- 
servations on  the  demand  made  by  the  Executive  of  South  Caro- 
lina of  a  citizen  of  this  State.  If  I  were  to  hazard  an  opinion 
after  yours,  it  would  be  that  the  respect  due  to  the  chief  magis- 
tracy of  a  Confederate  State,  enforced  as  it  is  by  the  Articles  of 


1784.  LETTERS.  67 

Union,  requires  an  admission  of  the  fact  as  it  has  been  repre- 
sented. If  the  representation  be  judged  incomplete  or  ambig- 
uous, explanations  may  certainly  be  called  for;  and  if,  on  a 
final  view  of  the  charge,  Virginia,  should  hold  it  to  be  not  a 
casus  fcederis,  she  will  be  at  liberty  to  withhold  her  citizen,  (at 
least  upon  that  ground,)  as  South  Carolina  will  be  to  appeal  to 
the  tribunal  provided  for  all  controversies  among  the  States. 
Should  the  law  of  South  Carolina  happen  to  vary  from  the 
British  law,  the  most  difficult  point  of  discussion,  I  apprehend, 
will  be,  whether  the  terms  "  treason,"  &c.,  are  to  be  referred  to 
those  determinate  offences  so  denominated  in  the  latter  code,  or 
to  all  those  to  which  the  policy  of  the  several  States  may  annex 
the  same  titles  and  penalties.  Much  may  be  urged,  I  think, 
both  in  favor  of  and  against  each  of  these  expositions.  The 
two  first  of  those  terms,  coupled  with  "  breach  of  the  peace," 
are  used  in  the  5th  article  of  the  Confederation,  but  in  a  way 
that  does  not  clear  the  ambiguity.  The  truth,  perhaps,  in  this 
as  in  many  other  instances,  is,  that  if  the  compilers  of  the  text 
had  severally  declared  their  meanings,  these  would  have  been 
as  diverse  as  the  comments  which  will  be  made  upon  it. 

Waiving  the  doctrine  of  the  Confederation,  my  present  view 
of  the  subject  would  admit  few  exceptions  to  the  propriety 
of  surrendering  fugitive  offenders.  My  reasons  are  these:  1. 
By  the  express  terms  of  the  Union,  the  citizens  of  every  State 
are  naturalized  within  all  the  others,  and  being  entitled  to  the 
same  privileges,  may  with  the  more  justice  be  subjected  to  the 
same  penalties.  This  circumstance  materially  distinguishes  the 
citizens  of  the  United  States  from  the  subjects  of  other  nations 
not  so  incorporated.  2.  The  analogy  of  the  laws  throughout 
the  States,  and  particularly  the  uniformity  of  trial  by  juries  of 
the  vicinage,  seem  to  obviate  the  capital  objections  against 
removal  to  the  State  where  the  offence  is  charged.  In  the 
instance  of  continuous  States,  a  removal  of  the  party  accused 
from  one  to  the  other  must  often  be  a  less  grievance  than  what 
happens  within  the  same  State  when  the  place  of  residence  and 
the  place  where  the  offence  is  laid  are  at  distant  extremities. 
The  transportation  to  Great  Britain  seems  to  have  been  repro- 


gg  WORKS    OF    MADISON.  1784. 

bated  on  very  different  grounds ;  it  would  have  deprived  the 
accused  of  the  privilege  of  trial  by  jury  of  the  vicinage,  as  well 
as  of  the  use  of  his  witnesses,  and  have  exposed  him  to  trial  in 
a  place  where  he  was  not  even  alledged  to  have  ever  made  him- 
self obnoxious  to  it ;  not  to  mention  the  danger  of  unfairness 
arising  from  the  circumstances  which  produced  the  regulation. 
3.  Unless  citizens  of  one  State  transgressing  within  the  pale 
of  another  be  given  up  to  be  punished  by  the  latter,  they  cannot 
be  punished  at  all ;  and  it  seems  to  be  a  common  interest  of  the 
States  that  a  few  hours,  or  at  most  a  few  days,  should  not  be 
sufficient  to  gain  a  sanctuary  for  the  authors  of  the  numerous 
offences  below  "high  misdemesnors."  In  a  word,  experience 
will  shew,  if  I  mistake  not,  that  the  relative  situation  of  the 
United  States  calls  for  a  "Droit  Public"  much  more  minute  than 
that  comprised  in  the  federal  articles,  and  which  presupposes 
much  greater  mutual  confidence  and  amity  among  the  societies 
which  are  to  obey  it,  than  the  law  which  has  grown  out  of  the 
transactions  and  intercourse  of  jealous  and  hostile  nations. 

Present  my  respectful  compliments  to  your  amiable  lady,  and 
accept  the  sincerest  wishes  for  your  joint  happiness  of 
Your  affec"  friend  and  obt  servt. 


P.  S.  By  my  Brother  who  is  charged  with  this,  I  send  Chas- 
tellux's  work,  De  la  FelicM  Publique,  which  you  may  perhaps 
find  leisure  to  run  through  before  May;  also  a  notable  work  of 
one  of  the  Representatives  of  the  U.  S.  in  Europe. 


TO  THOMAS   JEFFERSON. 

ORANGE,  March  16th,  1784. 

DEAR  SIR, — Your  favor  of  the  20th  ult.  came  duly  to  hand  a 
few  days  ago. 

I  cannot  apprehend  that  any  difficulties  can  ensue  in  Europe 
from  the  involuntary  and  immaterial  delay  of  the  ratification 
of  the  peace,  or  if  there  should,  that  any  imputations  can  be  de- 


1784.  LETTERS.  69 

vised  which  will  not  be  repelled  by  the  collective  force  of  the 
reasons  in  the  intended  protest,  some  of  which,  singly  taken,  are 
unanswerable.  As  you  no  doubt  had  recourse  to  authorities 
which  I  have  no  opportunity  of  consulting,  I  probably  err  in 
supposing  the  right  of  the  Sovereign  to  reject  the  act  of  his 
plenipotentiary  to  be  more  circumscribed  than  you  lay  it  down. 
I  recollect  well  that  an  implied  condition  is  annexed  by  the 
usage  of  nations  to  a  Plenipotentiary  Commission,  but  should 
not  have  extended  the  implication  beyond  cases  where  some 
palpable  and  material  default  in  the  Minister  could  be  alledged 
by  the  Sovereign.  Waiving  some  such  plea,  the  language  both 
of  the  Commission  and  of  reason  seems  to  fix  on  the  latter  as 
clear  an  engagement  to  fulfil  his  promise  to  ratify  a  treaty,  as 
to  fulfil  the  promises  of  a  treaty  which  he  has  ratified.  In  both 
cases,  one  would  pronounce  the  obligation  equally  personal  to 
the  Sovereign,  and  a  failure  on  his  part,  without  some  absolving 
circumstance,  equally  a  breach  of  faith. 

The  project  of  affixing  the  seal  of  the  United  States,  by  seven 
States,  to  an  act  ivliicli  had  been  just  admitted  to  require  nine, 
must  have  stood  self-condemned;  and  though  it  might  have  pro- 
duced a  temporary  deception  abroad,  must  have  been  imme- 
diately detected  at  home,  and  have  finally  dishonored  the 
federal  counsels  everywhere.  The  competency  of  seven  States 
to  a  Treaty  of  Peace  has  often  been  a  subject  of  debate  in  Con- 
gress, and  has  sometimes  been  admitted  into  their  practice,  at 
least  so  far  as  to  issue  fresh  instructions.  The  reasoning  em- 
ployed in  defence  of  the  doctrine  has  been,  "  that  the  cases  which 
require  nine  States,  being  exceptions  to  the  general  authority 
of  seven  States,  ought  to  be  taken  strictly;  that  in  the  enumera- 
tion of  the  powers  of  Congress  in  the  first  clause  of  article  9 
of  the  Confederation,  the  power  of  entering  into  treaties  and 
alliances  is  contradistinguished  from  that  of  determining  on 
peace  and  war,  and  even  separated  by  the  intervening  power  of 
sending  and  receiving  ambassadors ;  that  the  excepting  clause, 
therefore,  in  which  '  Treaties  and  alliances '  ought  to  be  taken 
in  the  same  confined  sense,  and  in  which  the  power  of  deter- 
mining on  peace  is  omitted,  cannot  be  extended  by  construction 


Yo  WORKS    OF    MADISON.  1784. 

to  the  latter  power ;  that  under  such  a  construction  five  States 
might  continue  a  war  which  it  required  nine  to  commence, 
though  where  the  object  of  the  war  has  been  obtained,  a  con- 
tinuance must  in  every  view  be  equivalent  to  a  commencement 
of  it,  and  that  the  very  means  provided  for  preserving  a  state 
of  peace  might  thus  become  the  means  of  preventing  its  restora- 
tion." 

The  answer  to  these  arguments  has  been,  that  the  construction 
of  the  federal  articles  which  they  maintain  is  a  nicety  which 
reason  disclaims,  and  that  if  it  be  dangerous  on  one  side  to 
leave  it  in  the  breast  of  five  States  to  protract  a  war,  it  is 
equally  necessary  on  the  other  to  restrain  seven  States  from 
saddling  the  Union  with  any  stipulations  which  they  may  please 
to  interweave  with  a  Treaty  of  peace.  I  was  once  led  by  this 
question  to  search  the  files  of  Congress  for  such  lights  as  the 
history  of  the  Confederation  might  furnish,  and  on  a  review 
now  of  my  papers,  I  find  the  evidence  from  that  source  to  consist 
of  the  following  circumstances:  In  Doctor  Franklin's  "Sketch 
of  Articles  of  Confederation,"  laid  before  Congress  on  the  21st 
day  of  July,  1775,  no  number  beyond  a  majority  is  required  in 
any  cases.  In  the  plan  reported  to  Congress  by  the  Committee 
appointed  llth  June,  1776,  the  general  enumeration  of  the 
powers  of  Congress  in  article  18  is  expressed  in  a  similar  man- 
ner with  the  first  clause  in  the  present  9th  article,  as  are  the 
exceptions  in  a  subsequent  clause  of  the  18th  article  of  the 
report,  with  the  excepting  clause  as  it  now  stands ;  and  yet  in 
the  margin  of  the  Report,  and  I  believe  in  the  same  handwriting, 
there  is  a  "  Qu. :  If  so  large  a  majority  is  necessary  in  conclu- 
ding a  Treaty  of  peace."  There  are  sundry  other  marginal 
queries  in  the  report  from  the  same  pen. 

Hence  it  would  seem  that,  notwithstanding  the  preceding  dis- 
crimination between  the  powers  of  "  determining  on  peace"  and 
"entering  into  Treaties,"  the  latter  was  meant  by  the  Committee 
to  comprise  the  former.  The  next  form  in  which  the  articles 
appear  is  a  printed  copy  of  the  Report  as  it  had  been  previously 
amended,  with  sundry  amendments,  erasures,  and  notes,  on  the 
printed  copy  itself,  in  the  hand  of  Mr.  Thomson.  In  the  printed 


1784.  LETTERS.  71 

text  of  this  paper,  Art.  14,  the  phraseology  which  defines  the 
general  powers  of  Congress  is  the  same  with  that  in  Art.  18 
of  the  manuscript  report.  In  the  subsequent  clause  requiring 
nine  States,  the  text  as  printed  ran  thus :  "  The  United  States 
in  Congress  assembled  shall  never  engage  in  a  war,  nor  grant 
letters  of  marque  and  reprisal  in  time  of  peace,  nor  enter  into 
any  Treaties  or  alliances  except  for  peace,"  the  words  except 
for  peace  being  erased,  but  sufficiently  legible  through  the 
erasure.  The  fair  inference  from  this  passage  seems  to  be :  1. 
That  without  those  words  nine  States  were  held  to  be  required 
for  concluding  peace.  2.  That  an  attempt  had  been  made  to 
render  seven  States  competent  to  such  an  act,  which  attempt 
must  have  succeeded,  either  on  a  preceding  discussion  in  Con- 
gress, or  in  a  Committee  of  the  whole,  or  a  special  committee. 
3.  That  on  fuller  deliberation,  the  power  of  making  Treaties  of 
peace  was  meant  to  be  left  on  the  same  footing  with  that  of 
making  all  other  Treaties.  The  remaining  papers  on  the  files 
have  no  reference  to  this  question. 

Another  question  which  several  times  during  my  service  in 
Congress  exercised  their  deliberations  was,  whether  seven  States 
could  revoke  a  Commission  for  a  Treaty  issued  by  nine  States, 
at  any  time  before  the  faith  of  the  Confederacy  should  be 
pledged  under  it.  In  the  instance  of  a  proposition  in  1781  to 
revoke  a  Commission  which  had  been  granted  under  peculiar 
circumstances  in  1779  to  Adams,  to  form  a  treaty  of  commerce 
with  Great  Britain,  the  competency  of  seven  States  was  resolved 
on,  (by  seven  States  indeed,)  and  a  revocation  took  place  ac- 
cordingly. It  was,  however,  effected  with  much  difficulty,  and 
some  members  of  the  minority  even  contested  the  validity  of 
the  proceeding.  My  own  opinion  then  was,  and  still  is,  that 
the  proceeding  was  equally  valid  and  expedient.  The  circum- 
stances which  had  given  birth  to  the  commission  had  given 
place  to  others  totally  different;  not  a  single  step  had  been 
taken  under  the  commission  which  could  affect  the  honor  or 
faith  of  the  United  States,  and  it  surely  can  never  be  said  that 
either  the  letter  or  spirit  of  the  Confederation  requires  the 
same  majority  to  decline  as  to  engage  in  foreign  treaties.  The 


72  WORKS    OF    MADISON.  1784. 

safest  method  of  guarding  against  the  execution  of  those  great 
powers,  after  the  circumstances  which  dictated  them  have 
changed,  is  to  limit  their  duration,  trusting  to  renewals  as  they 
expire,  if  the  original  reasons  continue.  My  experience  of  the 
uncertainty  of  getting  an  affirmative  vote  even  of  seven  States 
had  determined  me,  before  I  left  Congress,  always  to  contend 
for  such  limitations. 

I  thought  the  sense  of  the  term  "  appropriation  "  had  been 
settled  by  the  latter  practice  of  Congress  to  be  the  same  as  you 
take  it  to  be.  I  always  understood  that  to  be  the  true,  the 
parliamentary,  and  the  only  rational  sense.  If  no  distinction 
be  admitted  between  the  "appropriation  of  money  to  general 
uses"  and  "expenditures  in  detail,"  the  Secretary  of  Congress 
could  not  buy  quills  or  wafers  without  a  vote  of  nine  States 
entered  on  record,  and  the  Secretary  to  the  Committee  of  the 
States  could  not  do  it  at  all.  In  short,  unless  one  vote  of  ap- 
propriation can  extend  to  a  class  of  objects,  there  must  be  a 
physical  impossibility  of  providing  for  them;  and  the  extent 
and  generality  of  such  classes  can  only  be  determined  by  dis- 
cretion and  conveniency.  It  is  observable,  that  in  the  specifi- 
cation of  the  powers  which  require  nine  States,  the  single  tech- 
nical word  "  appropriate "  is  retained.  In  the  general  recital 
which  precedes,  the  word  "apply"  as  well  as  "appropriate"  is 
used. 

You  were  not  mistaken  in  supposing  I  had  in  conversation 
restrained  the  authority  of  the  federal  Court  to  territorial  dis- 
putes, but  I  was  egregiously  so  in  the  opinion  I  had  formed. 
Whence  I  got  it  I  am  utterly  at  a  loss  to  account.  It  could  not 
be  from  the  Confederation  itself,  for  words  could  not  be  more 
explicit.  I  detected  the  error  a  few  days  ago  in  consulting  the 
articles  on  another  subject,  and  had  noted  it  for  my  next  letter 
to  you. 

I  am  not  sure  that  I  comprehend  your  idea  of  a  cession  of 
the  Territory  beyond  the  Kenhaway  and  on  this  side  the  Ohio. 
As  all  the  soil  of  value  has  been  granted  out  to  individuals,  a 
cession  in  that  view  would  be  improper,  and  a  cession  of  the 
jurisdiction  to  Congress  can  be  proper  only  where  the  Country 


1784.  LETTEES.  73 

is  vacant  of  settlers.  I  presume  your  meaning,  therefore,  to  be 
no  more  than  a  separation  of  that  country  from  this,  and  an 
incorporation  of  it  into  the  Union;  a  work  to  which  all  three 
must  be  parties.  I  have  no  reason  to  believe  there  will  be  any 
repugnance  on  the  part  of  Virginia. 

The  effort  of  Pennsylvania  for  the  "Western  commerce  does 
credit  to  her  public  councils.  The  commercial  genius  of  this 
State  is  too  much  in  its  infancy,  I  fear,  to  rival  the  example. 
Were  this  less  the  case,  the  confusion  of  its  affairs  must  stifle 
all  enterprize.  I  shall  be  better  able,  however,  to  judge  of  the 
practicability  of  your  hint  when  I  know  more  of  them. 

The  declension  of  Georgetown  does  not  surprize  me,  tho'  it 
gives  me  regret.  If  the  competition  should  lie  between  Trenton 
and  Philadelphia,  and  depend  on  the  vote  of  New  York,  it  is 
not  difficult  to  foresee  into  which  scale  it  will  be  thrown,  nor 
the  probable  effect  of  such  decision  on  our  Southern  hopes. 

I  have  long  regarded  the  council  as  a  grave  of  useful  talents, 
as  well  as  objectionable  in  point  of  expence,  yet  I  see  not  how 
such  a  reform  as  you  suggest  can  be  brought  about.  The  Con- 
stitution, tho'  readily  overleaped  by  the  Legislature  on  the 
spur  of  an  occasion,  would  probably  be  made  a  bar  to  such  an 
innovation.  It  directs  that  eight  members  be  kept  up,  and  re- 
quires the  sanction  of  four  to  almost  every  act  of  the  Governor. 
Is  it  not  to  be  feared,  too,  that  these  little  meliorations  of  the 
Government  may  turn  the  edge  of  some  of  the  arguments  which 
ought  to  be  laid  to  its  root  ?  I  grow  every  day  more  and  more 
solicitous  to  see  this  essential  work  begun.  Every  day's  delay 
settles  the  Government  deeper  into  the  habits  of  the  people,  and 
strengthens  the  prop  which  their  acquiescence  gives  it.  My 
field  of  observation  is  too  small  to  warrant  any  conjecture  of 
the  public  disposition  towards  the  measure;  but  all  with  whom 
I  converse  lend  a  ready  ear  to  it.  Much  will  depend  on  the 
politics  of  Mr.  Henry,  which  are  wholly  unknown  to  me. 
Should  they  be  adverse,  and  G.  Mason  not  in  the  Assembly, 
hazardous  as  delay  is,  the  experiment  must  be  put  off  to  a  more 
auspicious  conjuncture. 

The  charter  granted  in  1732  to  Lord  Baltimore  makes,  if  I 


74  WORKS    OF    MADISON.  1784. 

mistake  not,  the  Southern  shore  of  the  Potowmac  the  boundary 
of  Maryland  on  that  side.  The  Constitution  of  Virginia  cedes 
to  that  State  "all  the  territories  contained  within  its  charter, 
with  all  the  rights  of  property ,  jurisdiction,  and  Government,  and 
all  other  rights  whatsoever,  which  might  at  any  time  have  been 
claimed  by  Virginia,  excepting  only  the  free  navigation  and  use 
of  the  Rivers  Potowmac  and  Pohomoque,  &c."  Is  it  not  to  be 
apprehended  that  this  language  will  be  construed  into  an  entire 
relinquishment  of  the  Jurisdiction  of  these  rivers,  and  will  not 
such  a  construction  be  fatal  to  our  port  regulations  on  that  side, 
and  otherwise  highly  inconvenient  ?  I  was  told  on  my  journey 
along  the  Potowmac  of  several  flagrant  evasions  which  had 
been  practiced  with  impunity  and  success  by  foreign  vessels 
which  had  loaded  at  Alexandria.  The  jurisdiction  of  half  the 
rivers  ought  to  have  been  expressly  reserved.  The  terms  of 
the  surrender  are  the  more  extraordinary  as  the  patents  of  the 
N.  neck  place  the  whole  river  Potowmac  within  the  Govern- 
ment of  Virginia;  so  that  we  were  armed  with  a  title  both  of 
prior  and  posterior  date  to  that  of  Maryland.  What  will  be 
the  best  course  to  repair  the  error? — to  extend  our  laws  upon 
the  River,  making  Maryland  the  plaintiff  if  she  chooses  to  con- 
test their  authority — to  state  the  case  to  her  at  once  and  pro- 
pose a  settlement  by  negociation — or  to  propose  a  mutual  ap- 
pointment of  Commissioners  for  the  general  purpose  of  preserv- 
ing a  harmony  and  efficacy  in  the  regulations  on  both  sides? 
The  last  mode  squares  best  with  my  present  ideas.  It  can  give 
no  irritation  to  Maryland;  it  can  weaken  no  plea  of  Virginia; 
it  will  give  Maryland  an  opportunity  of  stirring  the  question  if 
she  chooses;  and  will  not  be  fruitless  if  Maryland  should  admit 
our  jurisdiction.  If  I  see  the  subject  in  its  true  light,  no  time 
should  be  lost  in  fixing  the  interest  of  Virginia.  The  good 
humour  into  which  the  cession  of  the  back  lands  must  have  put 
Maryland  forms  an  apt  crisis  for  any  negotiations  which  may 
be  necessary.  You  will  be  able,  probably,  to  look  into  her 
charter  and  her  laws,  and  to  collect  the  leading  sentiments  rel- 
ative to  the  matter. 
The  winter  has  been  so  severe  that  I  have  never  renewed  my 


1784.  LETTERS.  75 

call  on  the  library  of  Monticello,  and  the  time  is  now  drawing 
so  near  when  I  may  pass  for  a  while  into  a  different  scene,  that 
I  shall  await  at  least  the  return  to  my  studies.  Mr.  L.  Grymes 
told  me  a  few  days  ago  that  a  few  of  your  books  which  had 
been  borrowed  by  Mr.  W.  Maury,  and  ordered  by  him  to  be 
sent  to  his  brother's,  the  clergyman,  on  their  way  to  Monticello, 
were  still  at  the  place  which  Mr.  M.  removed  from.  I  desired 
Mr.  Grymes  to  send  them  to  me  instead  of  the  Parson,  suppos- 
ing, as  the  distance  is  less,  the  books  will  probably  be  sooner 
out  of  danger  from  accidents,  and  that  a  conveyance  from  hence 
will  not  be  less  convenient.  I  calculated,  also,  on  the  use  of 
such  of  them  as  may  fall  within  my  plan. 

I  lately  got  home  the  trunk  which  contained  my  Buffon,  but 
have  barely  entered  upon  him.  My  time  begins  already  to  be 
much  less  my  own  than  during  the  winter  blockade.  I  must 
leave  to  your  discretion  the  occasional  purchase  of  rare  and 
valuable  books,  disregarding  the  risk  of  duplicates.  You  know 
tolerably  well  the  objects  of  my  curiosity.  I  will  only  partic- 
ularize my  wish  of  whatever  may  throw  light  on  the  general 
constitution  and  droit  publique  of  the  several  confederacies 
which  have  existed.  I  observe  in  Boenaud's  catalogue  several 
pieces  on  the  Dutch,  the  German,  and  the  Helvetic.  The  oper- 
ations of  our  own  must  render  all  such  lights  of  consequence. 
Books  on  the  law  of  N.  &  N.  fall  within  a  similar  remark.  The 
tracts  of  Bynkershoeck,  which  you  mention,  I  must  trouble  you 
to  get  for  me,  and  in  French,  if  to  be  had,  rather  than  latin. 
Should  the  body  of  his  works  come  nearly  as  cheap  as  these 
select  publications,  perhaps  it  may  be  worth  considering  whether 
the  whole  would  not  be  preferable.  Is  not  Wolfius  also  worth 
having  ?  I  recollect  to  have  seen  at  Pritchard's  a  copy  of  Haw- 
kin's  abridgement  of  Co.  Litt.  I  would  willingly  take  it  if  it 
be  still  there,  and  you  have  an  opportunity.  A  copy  of  Deane's 
letters,  which  were  printed  in  New  York,  and  which  I  failed  to 
get  before  I  left  Philadelphia,  I  should  also  be  glad  of.  I  use 
this  freedom  in  confidence  that  you  will  be  equally  free  in  con- 
sulting your  own  conveniency  whenever  I  encroach  upon  it.  I 
hope  you  will  be  so,  particularly  in  the  request  I  have  to  add. 


Yg  WORKS    OF    MADISON.  1784. 

One  of  my  parents  would  be  considerably  gratified  with  a 
pair  of  good  spectacles,  which  are  not  to  be  got  here.  The  par- 
ticular readiness  of  Dudley  to  serve  you  inclines  me  to  think 
that  an  order  from  you  would  be  well  executed.  Will  you, 
therefore,  be  so  good  as  to  get  from  him  one  of  his  best  pebble 
and  double-jointed  pair,  for  the  age  fifty-five,  or  thereabouts, 
with  a  good  case,  and  forward  them  by  the  first  safe  convey- 
ance to  me  in  Orange  or  at  Richmond,  as  the  case  may  be.  If 
I  had  thought  of  this  matter  before  Mr.  Maury  set  out,  I  might 
have  lessened  your  trouble.  It  is  not  material  whether  I  be 
repayed  at  the  Bank  of  Philadelphia  or  the  Treasury  of  Vir- 
ginia, but  I  beg  it  may  be  at  neither  till  you  are  made  secure 
by  public  remittances.  It  will  be  necessary,  at  any  rate,  for 
£20  or  30  to  be  left  in  your  hands  or  in  the  Bank  for  little  ex- 
penditures which  your  kindness  is  likely  to  bring  upon  you. 

The  Executive  of  South  Carolina,  as  I  am  informed  by  the 
Attorney,  have  demanded  of  Virginia  the  surrender  of  a  citizen 
of  Virginia,  charged  on  the  affidavit  of  Jonas  Beard,  Esqr., 
whom  the  Executive  of  South  Carolina  represent  to  be  "  a  Jus- 
tice of  the  peace,  a  member  of  the  Legislature,  and  a  valuable, 
good  man,"  as  follows:  that  "  three  days  before  the  25th  day  of 
October,  1783,  he  (Mr.  Beard)  was  violently  assaulted  by  G. 
H.,  during  the  sitting  of  the  Court  of  General  Sessions,  without 
any  provocation  thereto  given,  who  beat  him  (Mr.  B.)  with  his 
fist  and  switch  over  the  face,  head,  and  mouth,  from  which  beat- 
ing he  was  obliged  to  keep  his  room  until  the  said  25th  day  of 
October,  1783,  and  call  in  the  assistance  of  a  physician."  Such 
is  the  case  as  collected  by  Mr.  Randolph  from  the  letter  of  the 
Executive  of  South  Carolina.  The  questions  which  arise  upon 
it  are:  1.  Whether  it  be  a  charge  of  high  misdemesnor  within 
the  meaning  of  the  fourth  Article  of  Confederation.  2.  Whether, 
in  expounding  the  terms  high  misdemeanor,  the  law  of  South 
Carolina,  or  the  British  law  as  in  force  in  the  United  States 
before  the  Revolution,  ought  to  be  the  standard.  3.  If  it  be 
not  a  casus  foederis,  what  the  law  of  nations  exacts  of  Virginia? 
4.  If  the  law  of  nations  contains  no  adequate  provision  for  such 
occurrences,  whether  the  intimacy  of  the  Union  among  the 


1784,  LETTERS.  77 

States,  the  relative  position  of  some,  and  the  common  interest 
of  all  them  in  guarding  against  impunity  for  offences  which  can 
be  punished  only  by  the  jurisdiction  within  which  they  are  com- 
mitted, do  not  call  for  some  supplemental  regulations  on  this 
subject?  Mr.  Randolph  thinks  Virginia  not  bound  to  surrender 
the  fugitive  until  she  be  convinced  of  the  facts,  by  more  sub- 
stantial information,  and  of  its  amounting  to  a  high  misdemesnor, 
by  inspection  of  the  law  of  South  Carolina,  which,  and  not  the 
British  law,  ought  to  be  the  criterion.  His  reasons  are  too 
long  to  be  rehearsed. 

I  know  not,  my  dear  sir,  what  to  reply  to  the  affectionate 
invitation  which  closes  your  letter.  I  subscribe  to  the  justness 
of  your  general  reflections;  I  feel  the  attractions  of  the  particu- 
lar situation  you  point  out  to  me.  I  cannot  altogether  renounce 
the  prospect,  still  less  can  I  as  yet  embrace  it.  It  is  very  far 
from  being  improbable  that  a  few  years  more  may  prepare  me 
for  giving  such  a  destiny  to  my  future  life,  in  which  case  the 
same  or  some  equally  convenient  spot  may  be  commanded  by  a 
little  augmentation  of  price.  But  wherever  my  final  lot  may 
fix  me,  be  assured  that  I  shall  ever  remain,  with  the  sincerest 
affection  and  esteem, 

Your  friend  and  servant. 


TO  THOMAS  JEFFERSON. 

ORANGE,  April  25th,  1784. 

DEAR  SIR, — Your  favor  of  the  16th  of  March  came  to  hand 
a  few  days  before  Mazzei  called  on  me.  His  plan  was  to  have 
proceeded  hence  directly  to  Annapolis.  My  conversation  led 
him  to  premise  a  visit  to  Mr.  Henry,  from  whence  he  proposed 
to  repair  to  Richmond,  and  close  his  affairs  with  the  Executive. 
Contrary  to  my  expectation  he  returned  hither  on  Thursday 
last,  proposing  to  continue  his  circuit  through  Gloucester,  York, 
and  Williamsburg,  recommended  by  Mr.  Henry,  for  obtaining 


78  WORKS    OF    MADISON.  1734. 

from  the  former  members  of  the  Council  certain  facts  relating 
to  his  appointment,  of  which  the  vouchers  have  been  lost.  This 
delay,  with  the  expectation  of  your  adjournment,  will  probably 
prevent  his  visit  to  Congress.  Your  letter  gave  me  the  first 
information  both  of  his  views  towards  a  Consulate  and  of  his 
enmity  towards  Franklin;  the  first  was  not  betrayed  to  me  by 
any  conversation  either  before  or  after  I  made  known  to  him 
the  determination  of  Congress  to  confine  such  appointments  to 
natives  of  America. 

As  to  the  2nd,  he  was  unreserved,  alleging  at  the  same  time 
that  the  exquisite  cunning  of  the  old  Fox  has  so  enveloped  his 
iniquity,  that  its  reality  cannot  be  proved  by  those  who  are 
thoroughly  satisfied  of  it.  It  is  evident,  from  several  circum- 
stances stated  by  himself,  that  his  enmity  has  been  embittered, 
if  not  wholly  occasioned,  by  incidents  of  a  personal  nature. 
Mr.  Adams  is  the  only  public  man  whom  he  thinks  favorably 
of,  or  seems  to  have  associated  with,  a  circumstance  which  their 
mutual  characters  may  perhaps  account  for.  Notwithstanding 
these  sentiments  towards  Franklin  and  Adams,  his  hatred  of 
England  remains  unabated,  and  does  not  exceed  his  partiality 
for  France,  which,  with  many  other  considerations  which  need 
not  be  pointed  out,  persuade  me  that  however  dreadful  an 
actual  visit  from  him  might  be  to  you  in  a  personal  view,  it 
would  not  produce  the  public  mischiefs  you  apprehend  from  it. 

By  his  interview  with  Mr.  Henry,  I  learn  that  the  present 
politics  of  the  latter  comprehend  very  friendly  views  toward 
the  confederacy,  a  wish  tempered  with  much  caution  for  an 
amendment  of  our  own  constitution,  a  patronage  of  the  payment 
of  British  debts,  and  of  a  scheme  of  general  assessment. 

The  want  of  both  a  Thermometer  and  Barometer  had  deter- 
mined me  to  defer  a  meteorological  diary  till  I  could  procure 
these  instruments.  Since  the  receipt  of  your  letter,  I  have 
attended  to  the  other  columns. 

I  hope  the  letter  which  had  not  reached  you  at  the  date  of 
your  last  did  not  altogether  miscarry.  On  the  16th  of  March 
I  wrote  you  fully  on  sundry  points.  Among  others,  I  suggested 
to  your  attention  the  case  of  the  Potowmac,  having  in  my  eye 


1784.  LETTEES.  79 

the  river  below  the  head  of  navigation.  It  will  be  well,  I 
think,  to  sound  the  ideas  of  Maryland  also,  as  to  the  upper  parts 
of  the  north  branch  of  it.  The  policy  of  Baltimore  will  prob- 
ably thwart,  as  far  as  possible,  the  opening  of  it;  and  without 
a  very  favorable  construction  of  the  right  of  Virginia,  and  even 
the  privilege  of  using  the  Maryland  Bank,  it  would  seem  that 
the  necessary  works  could  not  be  accomplished. 

Will  it  not  be  good  policy  to  suspend  further  Treaties  of 
Commerce  till  measures  shall  have  taken  place  in  America 
which  may  correct  the  idea  in  Europe  of  impotency  in  the  fede- 
ral Government  in  matters  of  Commerce?  Has  Virginia  been 
seconded  by  any  other  State  in  her  proposition  for  arming 
Congress  with  power  to  frustrate  the  unfriendly  regulations  of 
Great  Britain  with  regard  to  her  West  India  islands?  It  is 
reported  here  that  the  late  change  of  her  ministers  has  revived 
the  former  liberality  which  seemed  to  prevail  on  that  subject. 
Is  the  Impost  gaining  or  losing  ground  among  the  States  ?  Do 
any  considerable  payments  come  into  the  Continental  Treasury? 
Does  the  settlement  of  the  public  accounts  make  any  comfort- 
able progress?  Has  any  resolution  been  taken  by  Congress 
touching  the  old  Continental  currency?  Has  Maryland  fore- 
borne  to  take  any  steps  in  favour  of  George  Town?  Can  you 
tell  me  whether  any  question  in  the  Court  of  Appeals  has  yet 
determined  whether  the  war  ceased  on  our  coast  on  the  3d  of 
March  or  the  3d  of  April? 

The  books  which  I  was  told  were  still  at  the  place  left  by 
Mr.  W.  Maury  had  been  sent  away  at  the  time  Mr.  L.  Grymes 
informed  me  of  them. 

Mr.  Mazzei  tells  me  that  a  subterraneous  city  has  been  dis- 
covered in  Siberia,  which  appears  to  have  been  once  populous 
and  magnificent.  Among  other  curiosities  it  contains  an  eques- 
train  statue,  around  the  neck  of  which  was  a  golden  chain  200 
feet  in  length,  so  exquisitely  wrought  that  Buffon  inferred  from 
a  specimen  of  6  feet,  sent  him  by  the  Empress  of  Russia,  that 
no  artist  in  Paris  could  equal  the  workmanship.  Mr.  Mazzei 
saw  the  specimen  in  the  hands  of  Buffon,  and  heard  him  give 
this  opinion  of  it.  He  heard  read  at  the  same  time  a  letter 


go  WORKS    OF    MADISON.  1784. 

from  the  Empress  to  Buffon,  in  which  she  desired  the  present  to 
be  considered  as  a  tribute  to  the  man  to  whom  Natural  History 
was  so  much  indebted.  Mr.  Faujas  de  St.  Fond  thought  the 
city  was  between  72  and  74  N.  L.;  the  son  of  Buffon,  between 
62  and  64°.  Mr.  M.,  being  on  the  point  of  departure,  had  no 
opportunity  of  ascertaining  the  fact.  If  you  should  have  had 
no  better  account  of  the  discovery,  this  will  not  be  unaccepta- 
ble to  you,  and  will  lead  you  to  obtain  one. 

I  propose  to  set  off  for  Richmond  towards  the  end  of  this 
week.  The  election  in  this  county  was  on  thursday  last.  My 
colleague  is  Mr.  Charles  Porter. 

I  am,  your  affect8  friend. 


TO  THOMAS  JEFFERSON. 

RICHMOND,  May  15th,  1784. 

DEABSlR,—  ******** 
The  arrangement  which  is  to  carry  you  to  Europe  has  been 
made  known  to  me  by  Mr.  Short,  who  tells  me  he  means  to  ac- 
company or  follow  you.  With  the  many  reasons  which  make 
this  event  agreeable,  I  cannot  but  mix  some  regret  that  your 
aid  towards  a  revisal  of  our  State  Constitution  will  be  removed. 
I  hope,  however,  for  your  licence  to  make  use  of  the  ideas  you 
were  so  good  as  to  confide  to  me,  so  far  as  they  may  be  neces- 
sary to  forward  the  object.  Whether  any  experiment  will  be 
made  this  session  is  uncertain.  Several  members  with  whom  I 
have  casually  conversed  give  me  more  encouragement  than  I  had 
indulged.  As  Col.  Mason  remains  in  private  life,  the  expediency 
of  starting  the  idea  will  depend  much  on  the  part  to  be  expected 
from  R.  H.  Lee  and  Mr.  Henry.  The  former  is  not  yet  come 
to  this  place,  nor  can  I  determine  any  thing  as  to  his  politics 
on  this  point.  The  latter  arrived  yesterday,  and  from  a  short 
conversation  I  find  him  strenuous  for  invigorating  the  Federal 
Government,  though  without  any  precise  plan,  but  have  got  no 


1784.  LETTERS.  81 

explanations  from  him  as  to  our  internal  Government.  The 
general  train  of  his  thoughts  seemed  to  suggest  favorable  ex- 
pectations. We  did  not  make  a  house  till  Wednesday  last,  and 
have  done  nothing  yet  but  arrange  the  committees  and  receive 
petitions.  The  former  Speaker  was  re-elected  without  opposi- 
tion. If  you  will,  either  before  or  after  your  leaving  America, 
point  out  the  channel  of  communication  with  you  in  Europe,  I 
will  take  the  pleasure  of  supplying  you  from  time  to  time  with 
our  internal  transactions,  as  far  as  they  may  deserve  your  atten- 
tion; and  expect  that  you  will  freely  command  every  other 
service  during  your  absence  which  it  may  be  in  my  power  to 
render. 

Wishing  you  every  success  and  happiness,  I  am,  dear  sir,  your 
affecte  friend, 


TO   COL.   JAMES  MADISON. 

(Extracts.) 

RICHMOND,  June  5th,  1784. 
*  #  *  *  *  *  * 

The  House  of  Delegates  have  agreed  to  postpone  the  June 
tax  till  January.  It  is  not  improbable  that  the  Senate  may  re- 
quire half  to  be  collected  at  an  earlier  period. 

******** 

June  15th. — The  Senate  have  ratified  the  postponement  of 
the  taxes  till  the  last  day  of  January.  It  is  thought  by  some 
that  an  intermediate  tax  of  some  kind  or  other  will  be  essential, 
but  whether  any  such  will  take  place  is  uncertain,  and  perhaps 
improbable,  though  we  shall  make  a  strange  figure,  after  our 
declarations  with  regard  to  Congress  and  the  Continental  debt, 

if  we  wholly  omit  the  means  of  fulfilling  them. 
***** 

June  24#L — Much  time  has  been  lately  spent  by  the  Assembly 
in  abortive  efforts  for  an  amendment  of  the  Constitution,  and 
fulfilling  the  Treaty  of  Peace  in  the  article  of  British  debts. 

VOL.  i  6 


82  WORKS    OF    MADISON.  1784. 

The  residue  of  tlie  business  will  not  be  completed  till  next 
week. 


[Notes  in  the  hand-writing  of  Mr.  Madison,  of  a  speech  made  by  him  in  the 
House  of  Delegates  of  Virginia,  at  the  May  session  of  1784,  in  support  of  a  prop- 
osition for  a  Convention  to  revise  the  Constitution  of  the  State  :] 

I.  Nature  of  Constitution  examd.     See  Mass.,  P.  7,  8,  15, 
16;  N.  Y.,  P.  63;  Penna,  P.  85,  86;  Del.,  P.  106;  N.  C.,  P.  146, 
150;  S.  C.,  P.  188;  Geo.,  P.  186. 

II.  Convention  of  1776,  without  due  power  from  people. 

1.  Passed  ordinance  for   Constitun  on    recommendation  of 
Cong8  of  15  May,  prior  to  Declarn  of  Independence,  as  was 
done  in  N.  H.,  P.  1,  &  N.  J.,  P.  78,  84. 

2.  Passed  from  impulse  of  necessity.     See  last  clause  of  the 
preamble. 

3.  Before  independence  declared  by  Cong8. 

4.  Power  from  people  nowhere  pretended. 

5.  Other  ordinances  of  same  session  deemed  alterable,  as  rel- 
ative to  Senators — oaths — salt. 

6.  Provision  for  case  of  west  Augusta,  in  its  nature  tempo- 
rary. 

7.  Convention  make  themselves  branch  of  the  Legislature. 

III.  Constitution,  if  so  to  be  called,  defective. 

1.  In  a  union  of  powers,  which  is  tyranny.     Montesq11. 

2.  Executive  Department  dependent  on  Legislature:  1,  for  sal- 
ary; 2,  for  character  in  triennial  expulsion;  3,  expensive;  4,  may 
be  for  life,  contrary  to  article  5  of  Declaration  of  rights. 

3.  Judiciary  dependent  for  am*  of  salary. 

4.  Privileges  and  wages  of  members  of  Legislature  unlimited 
and  undefined. 

5.  Senate  badly  constituted  and  improperly  barred  of  the 
originating  of  Laws. 

6.  Equality  of  representation  not  provided  for.     See  N.  Y., 
P.  65;  S.  C.,  P.  165. 

7.  Impeachments  of  great  moment  on  bad  footing. 


1784.  BRITISH    DEBTS.  83 

8.  County  courts  seem  to  be  fixed,  P.  143,  144;  also  general 
Court. 

9.  Habeas  corpus  omitted. 

10.  No  mode  of  expounding  Constitution,  and  of  course  no 
check  to  Gen1  Assembly. 

11.  Right  of  suffrage  not  well  fixed — quaere,  if  popish  recu- 
sants, &c.,  not  disfranchised? 

IV.  Constitution  rests  on  acquiescence — a  bad  basis. 

V.  Revision  during  war  improper;  on  return  of  peace,  de- 
cency requires  surrender  of  powers  to  people. 

VI.  No  danger  in  referring  to  the  people,  who  already  exer- 
cise an  equivalent  power. 

VII.  If  no  change  be  made  in  the  Constitution,  it  is  advisable 
to  have  it  ratified  and  secured  against  the  doubts  and  imputa- 
tions under  which  it  now  labors. 


[Proposition  of  Mr.  Madison,  on  the  subject  of  British  Debts,  submitted  to  the 
House  of  Delegates  of  Virginia,  at  the  May  session,  1784 :] 

Whereas  by  the  4th  article  of  the  Definitive  Treaty  of  peace, 
ratified  and  proclaimed  by  the  United  States  in  Congress  as- 
sembled, on  the  14th  day  of  Jany.  last,  "it  is  agreed  that  credi- 
tors on  either  side  shall  meet  with  no  lawful  impediment  to  the 
recovery  of  the  full  value  in  sterling  money  of  all  bona  fide 
debts  heretofore  contracted;"  and  whereas  it  is  the  duty  and 
determination  of  this  Commonwealth,  with  a  becoming  rever- 
ence for  the  faith  of  Treaties,  truly  and  honestly  to  give  to  the 
said  article  all  the  effect  which  circumstances  not  within  its 
controul  will  now  possibly  admit;  and  inasmuch  as  the  debts 
due  from  the  good  people  of  this  Commonwealth  to  the  subjects 
of  G.  Britain  were  contracted  under  the  prospect  of  gradual 
payments,  and  are  justly  computed  to  exceed  the  possibility  of 
full  payment  at  once,  more  especially  under  the  diminution  of 
their  property  resulting  from  the  devastations  of  the  late  war, 
and  it  is  therefore  conceived  that  the  interest  of  the  British 
Creditors  themselves  will  be  favored  by  fixing  certain  reason- 
able periods  at  which  divided  payments  shall  be  made : 


g4  WORKS    OF    MADISON.  1734. 

Resolved,  that  it  is  the  opinion  of  this  committee  that  the 
laws  now  in  force  relative  to  British  debts  ought  to  be  so  varied 
and  emended  as  to  make  the  same  recoverable  in  the  propor- 
tions and  at  the  periods  following;  that  is  to  say,  part  thereof, 
with  interest  of  5  pr  ct.  from  the  date  of  the  Definitive  Treaty 

of  peace,  on  the  —  day  of ,  another  on  the  —  day  of  -  — , 

another  on  the  —  day  of ,  and  the  remaining  on  the  —  day 

of . 

And  whereas  it  is  further  stipulated  by  Art.  7th  of  the  said 
Treaty,  among  other  things,  that  "his  Britannic  Majesty  shall 
with  all  convenient  speed,  and  without  causing  any  destruction, 
or  carrying  away  any  negroes  or  other  property  of  the  Ameri- 
can inhabitants,  withdraw  all  his  armies,  garrisons,  and  fleets, 
from  the  said  United  States,  and  from  every  port,  place,  and 
Harbour,  within  the  same,  leaving  in  all  fortifications  the  Amer- 
ican artillery  that  may  be  therein,  and  shall  also  order  and 
cause  all  archives,  records,  deeds,  and  papers,  belonging  to  any 
of  the  said  States,  or  their  citizens,  which  in  the  course  of  the 
war  may  have  fallen  into  the  hands  of  his  officers,  to  be  forth- 
with restored  and  delivered  to  the  proper  States  and  persons 
to  whom  they  belong,"  which  stipulation  was  in  the  same 
words  contained  in  the  Provisional  articles,  signed  at  Paris  on 
the  30th  day  of  November,  1782,  by  the  Commissioners  em- 
powered on  each  part;  and  whereas  posterior  to  the  date  of 
the  said  provisional  articles,  sundry  negroes,  the  property  of 
citizens  of  this  Commonwealth,  were  carried  away  from  the  city 
of  New  York  whilst  in  possession  of  the  British  forces,  and  no 
restitution  or  satisfaction  on  that  head  has  been  made,  either 
before  or  since  the  Definitive  Treaty  of  Peace;  and  whereas 
the  good  people  of  this  Commonwealth  have  a  clear  right  to 
expect  that  whilst,  on  one  side,  they  are  called  upon  by  the  U. 
S.  in  Congress  assembled,  to  whom  by  the  federal  Constitution 
the  powers  of  War  and  Peace  are  exclusively  delegated,  to 
carry  into  effect  the  stipulations  in  favour  of  British  subjects, 
an  equal  observance  of  the  stipulations  in  their  own  favor 
should,  on  the  other  side,  be  duly  secured  to  them  under  the 
authority  of  the  confederacy  : 


1784.  LETTERS.  85 

Resolved,  that  it  is  the  opinion  of  this  Committee  that  the 
Delegates  representing  this  State  in  Congress  ought  to  be  in- 
structed to  urge  in  Congress  peremptory  measures  for  obtain- 
ing from  G.  Britain  satisfaction  for  the  infringement  of  the 
article  aforesaid;  and  in  case  of  refusal  or  unreasonable  delay 
of  such  satisfaction,  to  urge  that  the  sanction  of  Congress  be 
given  to  the  just  policy  of  retaining  so  much  of  the  debts  due 
from  citizens  of  this  Commonwealth  to  British  subjects  as  will 
fully  repair  the  losses  sustained  from  such  infringement;  and 
that  to  enable  the  said  Delegates  to  proceed  herein  with  the 
greater  precision  and  effect,  the  Executive  ought  to  be  requested 
to  take  immediate  measures  for  obtaining  and  transmitting  to 
them  all  just  claims  of  the  citizens  of  this  Commonwealth  under 
the  7th  art.,  as  aforesaid. 


TO   GENERAL  WASHINGTON. 

RICHMOND,  July  2d,  1784. 

DEAR  SIR, — The  sanction  given  by  your  favor  of  the  12th  to 
my  desire  of  remunerating  the  genius  which  produced  "  Common 
Sense,"  has  led  to  a  trial  in  the  Legislature  for  the  purpose. 
The  gift  first  proposed  was  a  moiety  of  the  tract  on  the  Eastern 
Shore  known  by  the  name  of  the  Secretary's  land.  The  easy 
reception  it  found  induced  the  friends  of  the  measure  to  add  the 
other  moity  to  the  proposition,  which  would  have  raised  the 
market  value  of  the  donation  to  about  £4,000,  or  upwards; 
though  it  would  not  probably  have  commanded  a  rent  of  more 
than  X100  per  annum.  In  this  form  the  Bill  passed  through 
two  readings.  The  third  reading  proved  that  the  tide  had 
suddenly  changed,*  for  the  Bill  was  thrown  out  by  a  large 
majority.  An  attempt  was  next  made  to  sell  the  land  in  ques- 
tion, and  apply  £2,000  of  the  money  to  the  purchase  of  a  Farm 
for  Mr.  Paine.  This  was  lost  by  a  single  vote.  "Whether  a 

*  The  change  was  produced  by  prejudices  against  Mr.  Paine,  thrown  into  cir- 
culation by  Mr.  Arthur  Lee,  [on  account  of  Paine's  pamphlet  in  opposition  to 
the  Territorial  claims  of  Virginia.] 


gg  WORKS    OF    MADISON.  1734, 

greater  disposition  to  reward  patriotic  and  distinguished  exer- 
tions of  genius  will  be  found  on  any  succeeding  occasion  is  not 
for  me  to  predetermine.  Should  it  finally  appear  that  the 
merits  of  the  Man,  whose  writings  have  so  much  contributed  to 
infuse  and  foster  the  spirit  of  Independence  in  the  people  of 
America,  are  unable  to  inspire  them  with  a  just  beneficence,  the 
world,  it  is  to  be  feared,  will  give  us  as  little  credit  for  our 
policy  as  for  our  gratitude  in  this  particular.  The  wish  of  Mr. 
Paine  to  be  provided  for  by  separate  acts  of  the  States,  rather 
than  by  Congress,  is,  I  think,  a  natural  and  just  one.  In  the 
latter  case  it  might  be  construed  into  the  wages  of  a  mercenary 
writer.  In  the  former,  it  would  look  like  the  returns  of  grati- 
tude for  voluntary  services.  Upon  the  same  principle,  the  mode 
wished  by  Mr.  Paine  ought  to  be  preferred  by  the  States  them- 
selves. 


TO  THOMAS  JEFFERSON. 

RICHMOND,  July  3d,  1784. 

DEAR  SIR, — The  Assembly  adjourned  the  day  before  yester- 
day. I  have  been  obliged  to  remain  here  since  on  private  busi- 
ness for  my  Countrymen  with  the  Auditor's  and  other  depart- 
ments. I  had  allotted  towards  the  close  of  the  session  to  un- 
dertake a  narration  for  you  of  the  proceedings,  but  the  hurry, 
on  which  I  did  not  sufficiently  calculate,  rendered  it  impossible, 
and  I  now  find  myself  so  abridged  in  time  that  I  cannot  fulfil 
my  intentions.  It  will,  however,  be  the  less  material,  as  Mr. 
Short,  by  whom  this  goes,  will  be  possessed  of  almost  every 
thing  I  could  say.  I  inclose  you  a  list  of  the  acts  passed,  ex- 
cepting a  few  which  had  not  received  the  last  solemnity  when 
the  list  went  to  the  press.  Among  the  latter  is  an  Act  under 
which  1  per  cent,  of  the  land  tax  will  be  collected  this  fall,  and 
will  be  for  Congress.  This,  with  the  1£  per  cent,  added  to  the 
impost  on  trade,  will  be  all  that  Congress  will  obtain  on  their 
last  requisition  for  this  year.  It  will  be  much  short  of  what 
they  need,  and  of  what  might  be  expected  from  the  declarations 


1784.  LETTERS.  87 

with  which  we  introduced  the  business  of  the  Session.  These 
declarations  will  be  seen  in  the  Journal,  a  copy  of  which  I  take 
for  granted  will  be  carried  by  Mr.  Short.  Another  act  not  on 
the  list  lays  duties  on  law  proceedings,  on  alienations  of  land, 
on  probats  of  wills,  administration,  and  some  other  transactions 
which  pass  through  official  hands.  This  tax  may  be  considered 
as  the  basis  of  a  stamp  tax;  it  will  probably  yield  fifteen  or 
twenty  thousand  pounds  at  present,  which  is  set  apart  for  the 
foreign  Creditors  of  this  State. 

We  made  a  warm  struggle  for  the  establishment  of  Norfolk 
and  Alexandria  as  our  only  ports;  but  were  obliged  to  add 
York,  Tappahannock,  and  Bermuda  hundred,  in  order  to  gain 
any  thing  and  to  restrain  to  these  ports  foreigners  only.  The 
footing  on  which  British  debts  are  put  will  appear  from  the 
Journal,  noting  only  that  a  law  is  now  in  force  which  forbids 
suits  for  them.  The  minority  in  the  Senate  have  protested  on 
the  subject.  Having  not  seen  the  protest,  I  must  refer  to  Mr. 
Short,  who  will  no  doubt  charge  himself  with  it. 

A  trial  was  made  for  a  State  Convention,  but  in  a  form  not 
the  most  lucky.  The  adverse  temper  of  the  House,  and  partic- 
ularly of  Mr.  Henry,  had  determined  me  to  be  silent  on  the 
subject.  But  a  petition  from  Augusta,  having  among  other 
things  touched  on  a  Reform  of  the  Government,  and  R.  H.  Lee 
arriving  with  favorable  sentiments,  we  thought  it  might  not  be 
amiss  to  stir  the  matter.  Mr.  Stuart,  from  Augusta,  accord- 
ingly proposed  to  the  Committee  of  propositions  the  Resolutions 
reported  to  the  House,  as  per  Journal.  Unluckily,  R.  H.  Lee 
was  obliged  by  sickness  to  leave  us  the  day  before  the  question 
came  on  in  committee  of  the  whole,  and  Mr.  Henry  shewed  a 
more  violent  opposition  than  we  expected.  The  consequence 
was,  that  after  two  days'  Debate  the  Report  was  negatived,  and 
the  majority,  not  content  with  stopping  the  measure  for  the  pres- 
ent, availed  themselves  of  their  strength  to  put  a  supposed  bar 
on  the  Journal  against  a  future  possibility  of  carrying  it.  The 
members  for  a  Convention  with  full  powers  were  not  consider- 
able for  number,  but  included  most  of  the  young  men  of  educa- 
tion and  talents.  A  great  many  would  have  concurred  in  a 


gg  WORKS    OF    MADISON.  1784. 

Convention  for  specified  amendments,  but  they  were  not  dis- 
posed to  be  active  even  for  such  a  qualified  plan. 

Several  petitions  came  forward  in  behalf  of  a  General  assess- 
ment, which  was  reported  by  the  Committee  of  Religion  to  be 
reasonable.  The  friends  of  the  measure  did  not  chuse  to  try 
their  strength  in  the  House.  The  Episcopal  Clergy  introduced 
a  notable  project  for  re-establishing  their  independence  of  the 
laity.  The  foundation  of  it  was,  that  the  whole  body  should  be 
legally  incorporated,  invested  with  the  present  property  of  the 
Church,  made  capable  of  acquiring  indefinitely,  empowered  to 
make  canons  and  bye-laws  not  contrary  to  the  laws  of  the  land, 
and  incumbents,  when  once  chosen  by  vestries,  to  be  immoveable 
otherwise  than  by  sentence  of  the  convocation.  Extraordinary 
as  such  a  project  was,  it  was  preserved  from  a  dishonorable  death 
by  the  talents  of  Mr.  Henry.  It  lies  over  for  another  session. 

The  public  lands  at  Richmond  not  wanted  for  public  use  are 
ordered  to  be  sold,  and  the  money,  aided  by  subscriptions,  to  be 
applied  to  the  erection  of  buildings  on  the  Hill,  as  formerly 
planned.  This  fixes  the  Government,  which  was  near  being 
made  as  vagrant  as  that  of  the  United  States,  by  a  coalition 
between  the  friends  of  Williarnsburg  and  Staunton.  The  point 
was  carried  by  a  small  majority  only. 

The  lands  about  Williamsburg  are  given  to  the  University, 
and  are  worth,  Mr.  H.  Tazewell  thinks,  £10,000  to  it.  For  the 
encouragement  of  Mr.  Maury's  School,  licence  is  granted  for  a 
lottery  ito  raise  not  more  than  £2,000. 

The  revisal  is  ordered  to  be  printed.  A  frivolous  economy 
restrained  the  number  of  copies  to  500.  I  shall  secure  the  num- 
ber you  want  and  forward  them  by  the  first  opportunity.  The 
three  revisers'  labour  was  recollected  on  this  occasion,  and 
£500  voted  for  each.  I  have  taken  out  your  warrant  in  five 
parts,  that  it  may  be  the  more  easily  converted  to  use.  It  is  to 
be  paid  out  of  the  first  unappropriated  money  in  the  Treasury, 
which  renders  its  value  very  precarious  unless  the  Treasurer 
should  be  willing  to  endorse  it  "  receivable  in  taxes,"  which  he 
is  not  obliged  to  do.  I  shall  await  your  orders  as  to  the  dis- 
position of  it. 


1784.  LETTERS.  89 

An  effort  was  made  for  Paine,  and  the  prospect  once  flatter- 
ing. But  a  sudden  opposition  was  brewed  up,  which  put  a  neg- 
ative on  every  form  which  could  be  given  to  the  proposed  re- 
muneration. Mr.  Short  will  give  you  particulars. 

Col.  Mason,  the  Attorney,  Mr.  Henderson,  and  myself,  are  to 
negotiate  with  Maryland,  if  she  will  appoint  Commissioners  to 
establish  regulations  for  the  Potowmac. 

Since  the  receipt  of  yours  of  May  8,  I  have  made  diligent  en- 
quiry concerning  the  several  schools  most  likely  to  answer  for 
the  education  of  your  nephews.  My  information  has  determined 
me  finally  to  prefer  that  of  Mr.  W.  Maury,  as  least  exception- 
able. I  have  accordingly  recommended  it  to  Mrs.  Carr,  and 
on  receiving  her  answer  shall  write  to  Mr.  Maury,  pointing  out 
your  wishes  as  to  the  course  of  study  proper  for  Master  Carr. 
I  have  not  yet  made  up  any  opinion  as  to  the  disposition  of 
your  younger  nephew,  but  shall  continue  my  enquiries  till  I  can 
do  so.  I  find  a  greater  deficiency  of  proper  schools  than  I 
could  have  supposed,  low  as  my  expectations  were  on  the  sub- 
ject. All  that  I  can  assure  you  of  is,  that  I  shall  pursue  your 
wishes  with  equal  pleasure  and  faithfulness. 

Your  hint  for  appropriating  the  Slave  tax  to  Congress  fell  in 
precisely  with  the  opinion  I  had  formed  and  suggested  to  those 
who  are  most  attentive  to  our  finances.  The  existing  appro- 
priation of  half  of  it,  however,  to  the  military  debt,  was  deemed 
a  bar  to  such  a  measure.  I  wished  for  it  because  the  slave 
holders  are  Tobacco  makers,  and  will  generally  have  hard 
money,  which  alone  will  serve  for  Congress.  Nothing  can  ex- 
ceed the  confusion  which  reigns  throughout  our  revenue  depart- 
ment. We  attempted,  but  in  vain,  to  ascertain  the  amount  of 
our  debts  and  of  our  resources,  as  a  basis  for  something  like  a 
system.  Perhaps  by  the  next  session  the  information  may  be 
prepared.  This  confusion,  indeed,  runs  through  all  our  public 
affairs,  and  must  continue  as  long  as  the  present  mode  of  legis- 
lating continues.  If  we  cannot  amend  the  Constitution,  we 
must  at  least  call  in  the  aid  of  accurate  penmen  for  extending 
Resolutions  into  bills,  which  at  present  are  drawn  in  a  manner 


90  WORKS    OF    MADISON.  1734. 

that  must  soon  bring  our  laws  and  our  Legislature  into  con- 
tempt among  all  orders  of  Citizens. 

I  have  communicated  your  request  from  Philadelphia,  May 
25,  to  Mr.  Zane.  He  writes  by  Mr.  Short,  and  tells  me  he  is 
possessed  of  the  observations  which  he  promised  you.  I  found 
no  opportunity  of  broaching  a  scheme  for  opening  the  naviga- 
tion of  the  Potowmac  under  the  auspices  of  General  Washing- 
ton, or  of  providing  for  such  occurrences  as  the  case  of  Marbois. 
With  the  aid  of  the  Attorney,  perhaps  something  may  be  done 
on  the  latter  point  next  Session. 

Adieu,  my  dear  friend. 


TO  THOMAS  JEFFERSON. 

ORANGE,  August  20th,  1784. 

DEAR  SIR, — Your  favor  of  the  1st  July,  written  on  the  eve 
of  your  embarcation  from  Boston,  was  safely  delivered  by  your 
servant  Bob  about  the  20th  of  the  same  month.  Along  with  it. 
I  received  the  pamphlet  on  the  West  India  trade,  and  a  copy  of 
Deane's  letters. 

My  last  was  written  from  Richmond  on  the  adjournment  of 
the  General  Assembly,  and  put  into  the  hands  of  Mr.  Short.  It 
contained  a  cursory  view  of  legislative  proceedings,  referring 
to  the  bearer  for  a  more  circumstantial  one.  Since  the  adjourn- 
ment, I  have  been  so  little  abroad  that  I  ani  unable  to  say  with 
certainty  how  far  those  proceedings  harmonize  with  the  vox 
populi.  The  opinion  of  some  who  have  better  means  of  infor- 
mation is,  that  a  large  majority  of  the  people,  either  from  a 
sense  of  private  justice  or  of  national  faith,  dislike  the  footing 
on  which  British  debts  are  placed.  .  The  proceedings  relative 
to  an  amendment  of  the  State  Constitution  seem  to  interest  the 
public  much  less  than  a  friend  to  the  scheme  would  wish. 

The  act  which  produces  most  agitation  and  discussion  is  that 
which  restrains  foreign  trade  to  enumerated  ports.  Those  who 


1784.  LETTERS.  91 

meditate  a  revival  of  it  on  the  old  plan  of  British  monopoly 
and  diffusive  credit,  or  whose  mercantile  arrangements  might 
be  disturbed  by  the  innovation,  with  those  whose  local  situa- 
tions give  them,  or  are  thought  to  give  them,  an  advantage  in 
large  vessels  coming  up  the  rivers  to  their  usual  stations,  are 
busy  in  decoying  the  people  into  a  belief  that  trade  ought  in 
all  cases  to  be  left  to  regulate  itself;  that  to  confine  it  to  par- 
ticular ports  is  to  renounce  the  boon  with  which  nature  has 
favoured  our  country;  and  that  if  one  set  of  men  are  to  be  im- 
porters and  exporters,  another  set  to  be  carryers  between  the 
mouths  and  heads  of  the  rivers,  and  a  third  retailers,  trade,  as 
it  must  pass  through  so  many  hands,  all  taking  a  profit,  must 
in  the  end  come  dearer  to  the  people  than  if  the  simple  plan 
should  be  continued  which  unites  these  several  branches  in  the 
same  hands. 

These  and  other  objections,  tho'  unsound,  are  not  altogether 
unplausible,  and  being  propagated  with  more  zeal  and  pains  by 
those  who  have  a  particular  interest  to  serve  than  proper  an- 
swers are  by  those  who  regard  the  general  interest  only,  make 
it  very  possible  that  the  measure  may  be  rescinded  before  it  is 
to  take  effect.  Should  it  escape  such  a  fate,  it  will  be  owing 
to  a  few  striking  and  undeniable  facts,  namely,  that  goods  are 
much  dearer  in  Virginia  than  in  the  States  where  trade  is  drawn 
to  a  general  mart;  that  even  goods  brought  from  Philadelphia 
and  Baltimore  to  Winchester,  and  other  Western  and  South 
Western  parts  of  Virginia,  are  retailed  cheaper  than  those  im- 
ported directly  from  Europe  are  sold  on  tide  water;  that  gen- 
erous as  the  present  price  of  our  Tobacco  appears,  the  same 
article  has  currently  sold  15  or  20  per  cent,  at  least  higher  in 
Philadelphia,  where,  being  as  far  from  the  ultimate  market,  it 
cannot  be  intrinsically  worth  more;  that  scarce  a  single  vessel 
from  any  part  of  Europe,  other  than  the  British  Dominions, 
comes  into  our  ports,  whilst  vessels  from  so  many  other  parts 
of  Europe  resort  to  other  ports  of  America,  almost  all  of  them, 
too,  in  pursuit  of  the  staple  of  Virginia. 

The  exemption  of  our  own  citizens  from  the  restrictions  is 
another  circumstance  that  helps  to  parry  attacks  on  the  policy 


92  WORKS    OF    MADISON.  1784. 

of  it.  The  warmest  friends  to  the  law  were  averse  to  this  dis- 
crimination, which  not  only  departs  from  its  principle,  but  gives 
it  an  illiberal  aspect  to  foreigners;  but  it  was  a  necessary  con- 
cession to  prevailing  sentiments.  The  like  discrimination  be- 
tween our  own  citizens  and  those  of  other  States,  contrary  to 
the  federal  articles,  is  an  erratum  which  was  omitted  to  be  rec- 
tified, but  will  no  doubt  be  so. 

Notwithstanding  the  languor  of  our  direct  trade  with  Europe, 
this  country  has  indirectly  tasted  some  of  the  fruits  of  Independ- 
ence. The  price  of  our  last  crop  of  Tobacco  has  been,  on 
James  River,  from  36s.  to  42s.  6c?.  pr  cwt.,  and  has  brought  more 
specie  into  the  country  than  it  ever  before  contained  at  one 
time.  The  price  of  Hemp,  however,  has  been  reduced  as  much 
by  the  peace  as  that  of  Tobacco  has  been  raised,  being  sold,  I 
am  told,  as  low  as  20s.  per  cwt.  beyond  the  Mountains.  Our 
crops  of  wheat  have  been  rather  scanty,  owing  partly  to  the 
rigors  of  the  Winter,  partly  to  an  insect,*  which  in  many  places 
has  destroyed  whole  fields  of  that  grain.  The  same  insect  has, 
since  the  harvest,  fallen  upon  the  Corn  with  considerable  dam- 
age; but  without  some  very  unusual  disaster  to  that  article  the 
crop  will  be  exuberant,  and  will  afford  plentiful  supplies  for 
the  W.  India  Islands,  if  their  European  Masters  will  no  longer 
deny  themselves  the  benefit  of  such  a  trade  with  us.  The  crop 
of  the  Tobacco  now  on  the  ground  will,  if  the  weather  continues 
favorable,  be  tolerably  good,  though  much  shortened  on  the 
whole  by  the  want  of  early  seasons  for  transplanting,  and  an 
uncommon  number  of  the  insects  which  prey  upon  it  in  its  dif- 
ferent stages.  It  will  be  politic,  I  think,  for  the  people  here  to 
push  the  culture  of  this  article  whilst  the  price  keeps  up,  it  be- 
coming more  apparent  every  day  that  the  richness  of  soil  and 
fitness  of  climate  on  the  Western  waters  will,  in  a  few  years, 
both  reduce  the  price  and  engross  the  culture  of  it.  This  event 
begins  to  be  generally  foreseen,  and  increases  the  demand 
greatly  for  land  on  the  Ohio.  What  think  you  of  a  guinea  an 
acre  being  already  the  price  for  choice  tracts,  with  sure  titles? 

*  Chinch-bus. 


1784.  LETTERS.  93 

Nothing  can  delay  such  a  revolution  with  regard  to  our  staple 
but  an  impolitic  and  perverse  attempt  in  Spain  to  shut  the 
mouth  of  the  Mississippi  against  the  inhabitants  above.  I  say 
delay,  because  she  can  no  more  finally  stop  the  current  of  trade 
down  the  river  than  she  can  that  of  the  river  itself.  The  im- 
portance of  this  matter  is  in  almost  every  mouth.  I  am  fre- 
quently asked  what  progress  has  been  made  towards  a  treaty 
with  Spain,  and  what  may  be  expected  from  her  liberality  on 
this  point,  the  querists  all  counting  on  an  early  ability  in  the 
western  settlements  to  apply  to  other  motives,  if  necessary. 
My  answers  have,  both  from  ignorance  and  prudence,  been  eva- 
sive. I  have  not  thought  fit,  however,  to  cherish  unfavorable 
impressions,  being  more  and  more  led  by  revolving  the  subject 
to  conclude  that  Spain  will  never  be  so  mad  as  to  persist  in  her 
present  ideas.  For  want  of  better  matter  for  correspondence, 
I  will  state  the  grounds  on  which  I  build  my  expectations. 

First.  Apt  as  the  policy  of  nations  is  to  disregard  justice  and 
the  general  rights  of  mankind,  I  deem  it  no  small  advantage 
that  these  considerations  are  in  our  favour.  They  must  be  felt 
in  some  degree  by  the  most  corrupt  councils  on  a  question 
whether  the  interest  of  millions  shall  be  sacrificed  to  views  con- 
cerning a  distant  and  paltry  settlement;  they  are  every  day 
acquiring  weight  from,  the  progress  of  philosophy  and  civiliza- 
tion, and  they  must  operate  on  those  nations  of  Europe  who 
have  given  us  a  title  to  their  friendly  offices,  or  who  may  wish 
to  gain  a  title  to  ours. 

Secondly.  May  not  something  be  hoped  from  the  respect  which 
Spain  may  feel  for  consistency  of  character  on  an  appeal  to  the 
doctrine  maintained  by  herself  in  the  year  1609,  touching  the 
Scheld,  or  at  least  from  the  use  which  may  be  made  of  that  fact 
by  the  powers  disposed  to  favor  our  views  ? 

Thirdly.  The  interest  of  Spain  at  least  ought  to  claim  her 
attention.  1.  A  free  trade  down  the  Mississippi  would  make 
New  Orleans  one  of  the  most  flourishing  emporiums  in  the 
world,  and  deriving  its  happiness  from  the  benevolence  of 
Spain,  it  would  feel  a  firm  loyalty  to  her  government.  At  present 
it  is  an  expensive  establishment,  settled  chiefly  by  French,  who 


94  WORKS    OF    MADISON.  1784. 

hate  the  government  which  oppresses  them,  who  already  covet 
a  trade  with  the  upper  country,  will  become  every  day  more 
sensible  of  the  rigor  which  denies  it  to  them,  and  will  join  in 
any  attempt  which  may  be  made  against  their  masters.  2d.  A 
generous  policy  on  the  part  of  Spain  towards  the  United  States 
will  be  the  cement  of  friendship  and  lasting  peace  with  them. 
A  contrary  one  will  produce  immediate  heart  burnings,  and  sow 
the  seeds  of  inevitable  hostility.  The  United  States  are  already 
a  power  not  to  be  despised  by  Spain;  the  time  cannot  be  distant 
when,  in  spite  of  all  precautions,  the  safety  of  her  possessions 
in  this  quarter  of  the  Globe  must  depend  more  on  our  peace- 
ableness  than  her  own  power.  3.  In  another  view,  it  is  against 
the  interest  of  Spain  to  throw  obstacles  in  the  way  of  our  West- 
ern settlements.  The  part  she  took  during  the  late  war  shews 
that  she  apprehended  less  from  the  power  growing  up  in  her 
neighborhood  in  a  state  of  independence  than  as  an  instrument 
in  the  hands  of  Great  Britain.  If  in  this  she  calculated  on  the 
impotence  of  the  United  States,  when  dismembered  from  the 
British  empire,  she  saw  but  little  way  into  futurity;  if  on  the 
pacific  temper  of  republics,  unjust  irritations  on  her  part  will 
soon  prove  to  her  that  these  have  like  passions  with  other  gov- 
ernments. Her  permanent  security  seems  to  lie  in  the  complexity 
of  our  federal  government,  and  the  diversity  of  interests  among 
the  members  of  it,  which  render  offensive  measures  improbable 
in  council  and  difficult  in  execution.  If  such  be  the  case,  when 
thirteen  States  compose  the  system,  ought  she  not  to  wish  to 
see  the  number  enlarged  to  three  and  twenty  ?  A  source  of 
temporary  security  to  her  is  our  want  of  naval  strength:  ought 
she  no!"  then,  to  favor  those  emigrations  to  the  Western  land 
which,  as  long  as  they  continue,  will  leave  no  supernumerary 
hands  for  the  sea  ? 

Fourthly.  Should  none  of  these  circumstances  affect  her 
councils,  she  cannot  surely  so  far  disregard  the  usage  of  nations 
as  to  contend  that  her  possessions  at  the  mouth  of  the  Missis- 
sippi justify  a  total  denial  of  the  use  of  it  to  the  inhabitants 
above,  when  possessions  much  less  disproportionate  at  the  mouth 
of  other  rivers  have  been  admitted  only  as  a  title  to  a  moderate 


1784.  LETTERS.  95 

toll.  The  case  of  the  Rhine,  the  Maese,  and  the  Scheld,  as  well 
as  the  Elbe  and  Oder,  are,  if  I  mistake  not,  in  point  here.  How 
far  other  Rivers  may  afford  parallel  cases,  I  cannot  say.  That 
of  the  Mississippi  is  probably  the  strongest  in  the  world. 

Fifthly.  Must  not  the  general  interest  of  Europe  in  all  cases 
influence  the  determinations  of  any  particular  nation  in  Europe, 
and  does  not  that  interest  in  the  present  case  clearly  lie  on  our 
side?  1.  All  the  principal  powers  have,  in  a  general  view, 
more  to  gain  than  to  lose  by  denying  a  right  of  those  who  hold 
the  mouths  of  rivers  to  intercept  a  communication  with  them 
above.  France,  Great  Britain,  and  Sweden,  have  no  opportu- 
nity of  exerting  such  a  right,  and  must  wish  a  free  passage  for 
their  merchandize  in  every  country.  Spain  herself  has  no  such 
opportunity,  and  has,  besides,  three  of  her  principal  rivers,  one 
of  them  the  seat  of  her  metropolis,  running  through  Portugal. 
Russia  can  have  nothing  to  lose  by  denying  this  pretension,  and 
is  bound  to  do  so  in  favor  of  her  great  rivers,  the  Neiper,  the 
Niester,  and  the  Don,  which  mouth  in  the  Black  sea,  and  of  the 
passage  thro'  the  Dardanelles,  which  she  extorted  from  the 
Turks.  The  Emperor,  in  common  with  the  inland  States  of 
Germany,  and,  moreover,  by  his  possessions  on  the  Maese  and 
the  Scheld,  has  a  similar  interest.  The  possessions  of  the  King 
of  Prussia  on  the  Rhine,  the  Elbe,  and  the  Oder,  are  pledges 
for  his  orthodoxy. 

The  United  Provinces  hold,  it  is  true,  the  mouths  of  the 
Maese,  the  Rhine,  and  the  Scheld,  but  a  general  freedom  of 
trade  is  so  much  their  policy,  and  they  now  carry  on  so  much 
of  it  through  the  channel  of  rivers  flowing  thro'  different  do- 
minions, that  their  weight  can  hardly  be  thrown  into  the  wrong 
scale.  The  only  powers  that  can  have  an  interest  in  opposing 
the  American  doctrine  are  the  Ottoman,  which  has  already 
given  up  the  point  to  Russia;  Denmark,  which  is  suffered  to  re- 
tain the  entrance  of  the  Baltic;  Portugal,  whose  principal  rivers 
head  in  Spain;  Venice,  which  holds  the  mouth  of  the  Po;  and 
Dantzick,  which  commands  that  of  the  Vistula,  if  it  is  yet  to  be 
considered  as  a  sovereign  City.  The  prevailing  disposition  of 
Europe  on  this  point  once  frustrated  an  attempt  of  Deninark 


96  WORKS    OF    MADISON.  1781 

to  exact  a  toll  at  the  mouth  of  the  Elbe  by  means  of  a  fort  on 
the  Holstein  side,  which  commands  it.  The  fact  is  mentioned 
in  Salmon's  Gazetteer,  under  the  head  of  Cluestadt.  I  have  no 
opportunity  of  ascertaining  the  circumstances  of  the  case,  or  of 
discovering  like  cases. 

2.  In  a  more  important  view,  the  settlement  of  the  Western 
country,  which  will  much  depend  on  the  free  use  of  the  Missis- 
sippi, will  be  beneficial  to  all  nations  who  either  directly  or  in- 
directly trade  with  the  United  States.  By  a  free  expansion  of 
our  people  the  establishment  of  internal  manufactures  will  not 
only  be  long  delayed,  but  the  consumption  of  foreign  manufac- 
tures long  continue  increasing;  and  at  the  same  time,  all  the 
productions  of  the  American  soil,  required  by  Europe  in  return 
for  her  manufactures,  will  proportionably  increase.  The  vacant 
land  of  the  United  States  lying  on  the  waters  of  the  Mississippi 
is,  perhaps,  equal  in  extent  to  the  land  actually  settled.  If  no 
check  be  given  to  the  emigrations  from  the  latter  to  the  former, 
they  will  probably  keep  pace  at  least  with  the  increase  of  our 
people,  till  the  population  of  both  becomes  nearly  equal.  For 
twenty  or  twenty-five  years  we  shall  consequently  have  as  few 
internal  manufactures  in  proportion  to  our  numbers  as  at  pres- 
ent, and  at  the  end  of  that  period  our  imported  manufactures 
will  be  doubled.  It  may  be  observed,  too,  that  as  the  market 
for  their  manufactures  will  first  increase,  and  the  provision  for 
supplying  it  will  follow,  the  price  of  supplies  will  naturally  rise 
in  favor  of  those  who  manufacture  them.  On  the  other  hand, 
as  the  demand  for  the  tobacco,  indigo,  rice,  corn,  &c.,  produced 
by  America  for  exportation,  will  neither  precede  nor  keep  pace 
with  their  increase,  the  price  must  naturally  sink  in  favor  also 
of  those  who  consume  them. 

Reverse  the  case  by  supposing  the  use  of  the  Mississippi  de- 
nied to  us,  and  the  consequence  is,  that  many  of  our  supernu- 
merary hands  who,  in  the  former  case,  would  be  husbandmen  on 
the  waters  of  the  Mississippi,  will,  on  the  latter  supposition,  be 
manufacturers  on  those  of  the  Atlantic,  and  even  those  who  may 
not  be  discouraged  from  seating  the  vacant  lands  will  be  obliged, 
by  the  want  of  vent  for  the  produce  of  the  soil,  and  of  the  means 


1781.  LETTERS.  97 

of  purchasing  foreign  manufactures,  to  manufacture  in  a  great 
measure  for  themselves. 

Should  Spain  yield  the  point  of  the  navigation  of  the  Missis- 
sippi, but  at  the  same  time  refuse  us  the  use  of  her  shores,  the 
benefit  will  be  ideal  only.  I  have  conversed  with  several  per- 
sons who  have  a  practical  knowledge  of  the  subject,  all  of  whom 
assure  me  that  not  only  the  right  of  fastening  to  the  Spanish 
shore,  but  that  of  holding  an  entrepot  in  our  own,  or  of  using 
New  Orleans  as  a  free  port,  is  essential  to  a  free  trade  through 
that  channel.  It  has  been  said  that  sea  vessels  can  get  up  as 
high  as  latitude  thirty-two  to  meet  the  river  craft,  but  it  will 
be  with  so  much  difficulty  and  disadvantage  as  to  amount  to  a 
prohibition. 

The  idea  has  also  been  suggested  of  large  magazines  con- 
structed for  floating;  but  if  this  expedient  were  otherwise  ad- 
missible, the  hurricanes,  which  in  that  quarter  frequently  de- 
molish edifices  on  land,  forbid  the  least  confidence  in  those 
which  would  have  no  foundation  but  water.  Some  territorial 
privileges,  therefore,  seem  to  be  as  indispensable  to  the  use  of 
the  river  as  this  is  to  the  prosperity  of  the  western  country. 

A  place  called  "  The  Englishman's  turn,"  on  the  island  of 
about  six  leagues  below  the  town  of  New  Orleans,  is,  I  am  told, 
the  fittest  for  our  purpose,  and  that  the  lower  side  of  the  pen- 
insula is  the  best.  Batonrouge  is  also  mentioned  as  a  conve- 
nient station;  and  Point  Coupb  as  the  highest  to  which  vessels 
can  ascend  with  tolerable  ease.  Information,  however,  of  this, 
from  men  who  judge  from  a  general  and  superficial  view  only, 
can  never  be  received  as  accurate.  If  Spain  be  sincerely  dis- 
posed to  gratify  us,  I  hope  she  will  be  sensible  it  cannot  be 
done  effectually  without  allowing  a  previous  survey  and  delib- 
erate choice. 

Should  it  be  impossible  to  obtain  from  her  a  portion  of  ground 
by  other  means,  would  it  be  unadvisable  to  attempt  it  by  pur- 
chase ?  The  price  demanded  could  not  well  exceed  the  benefit 
to  be  obtained,  and  a  reimbursement  of  the  public  advance 
might  easily  be  provided  for  by  the  sale  to  individuals,  and  the 
conditions  which  might  be  annexed  to  their  tenures.  Such  a 

VOL.  i.  7 


98  WORKS    OF    MADISON.  1784. 

spot  could  not  fail,  in  a  little  time,  to  equal  in  value  the  same 
extent  in  London  or  Amsterdam. 

The  most  intelligent  of  those  with  whom  I  have  conversed 
think  that,  on  whatever  footing  our  trade  may  be  allowed,  very 
judicious  provision  will  be  necessary  for  a  fair  adjustment  of 
disputes  between  the  Spaniards  and  the  Americans — disputes 
which  must  be  not  only  noxious  to  trade,  but  tend  to  embroil 
the  two  nations.  Perhaps  a  joint  tribunal,  under  some  modifica- 
tion or  other,  might  answer  the  purpose.  There  is  a  precedent, 
I  see,  for  such  an  establishment,  in  the  twenty-first  article  of  the 
treaty  of  Munster,  in  1648,  between  Spain  and  the  United  Neth- 
erlands. 

I  am  informed  that,  sometime  after  New  Orleans  passed  into 
the  hands  of  Spain,  her  Governor  forbid  all  British  vessels  nav- 
igating under  the  treaty  of  Paris  to  fasten  to  the  shore,  and 
caused  such  as  did  so  to  be  cut  loose.  In  consequence  of  this 
practice  a  British  frigate  went  up  near  the  Town,  fastened  to 
the  shore,  and  set  out  guards  to  fire  on  any  who  might  attempt 
to  cut  her  loose.  The  Governor,  after  trying  in  vain  to  remove 
the  frigate  by  menaces,  acquiesced,  after  which  British  vessels 
indiscriminately  used  the  shore;  and  even  the  residence  of  British 
Merchants  in  the  town  of  New  Orleans,  trading  clandestinely 
with  the  Spaniards,  as  well  as  openly  with  their  own  people,  was 
winked  at.  The  Treaty  of  1763  stipulated  to  British  subjects, 
as  well  as  I  recollect,  no  more  than  the  right  of  navigating  the 
river;  and  if  that  of  using  was  admitted  under  that  stipulation, 
the  latter  right  must  have  been  admitted  to  be  included  in  the 

former. 

•?:-*****  x 

In  consequence  of  my  letter  to  Mrs.  Carr,  I  have  been  called 
on  by  your  elder  nephew,  who  is  well  satisfied  with  the  choice 
made  of  Williamsburg  for  his  future  studies.  I  have  furnished 
him  with  letters  to  my  acquaintance  there,  and  with  a  draught 
on  your  steward  for  £12.  He  will  be  down  by  the  opening  of 
Mr.  Maury's  school  at  the  close  of  the  vacation,  which  lasts 
from  the  beginning  of  August  to  the  end  of  September.  I  have 
the  greater  hopes  that  the  preference  of  this  school  will  turn 


1784.  LETTERS.  99 

out  a  proper  one  as  it  has  received  the  approbation  of  the  lit- 
erary gentlemen  of  Williamsburg,  and  will  be  periodically  ex- 
amined by  Mr.  Wythe  and  others.  Your  younger  nephew  is 
with  Major  Callis,  who  will  keep  school  some  time  longer.  I 
am  at  a  loss  as  yet  where  to  fix  him,  but  will  guard  as  much  as 
possible  against  any  idle  interval. 
I  am,  very  affect6'7,  dear  Sir,  your  friend  and  serv" 


TO  THOMAS  JEFFERSON. 

PHILADELPHIA,  Sepr  7th,  1784. 

DEAR  SIR, — Some  business,  the  need  of  exercise  after  a  very 
sedentary  period,  and  the  view  of  extending  my  ramble  into  the 
Eastern  States,  which  I  have  long  had  a  curiosity  to  see,  have 
brought  me  to  this  place.  ******  At  Baltimore 
I  fell  in  with  the  Marquis  de  la  Fayette,  returning  from  a  visit 
to  Mount  Vernon.  Wherever  he  passes  he  receives  the  most 
flattering  tokens  of  sincere  affection  from  all  ranks.  He  did 
not  propose  to  have  left  Virginia  so  soon,  but  General  Wash- 
ington was  about  setting  out  on  a  trip  to  the  Ohio,  and  could 
not  then  accompany  him  on  some  visits,  as  he  wished  to  do. 
The  present  plan  of  the  Marquis  is  to  proceed  immediately  to 
New  York;  thence,  by  Rhode  Island,  to  Boston;  thence  thro' 
Albany  to  Fort  Schuyler,  where  a  treaty  with  the  Indians  is  to 
be  held  the  latter  end  of  this  month;  thence  to  Virginia,  so  as 
to  meet  the  Legislature  at  Richmond.  I  have  some '  thoughts 
of  making  this  tour  with  him,  but  suspend  my  final  resolution 
till  I  get  to  New  York,  whither  I  shall  follow  him  in  a  day  or 
two. 

The  relation  in  which  the  Marquis  stands  to  France  and 
America  has  induced  me  to  enter  into  a  free  conversation  with 
him  on  the  subject  of  the  Mississippi.  I  have  endeavored  em- 
phatically to  impress  on  him  that  the  ideas  of  America  and  of 
Spain  irreconcileably  clash;  that  unless  the  mediation  of  France 
be  effectually  exerted,  an  actual  rupture  is  near  at  hand;  that 


100  WORKS    OF    MADISON. 

in  such  an  event,  the  connection  between  France  and  Spain  will 
give  the  enemies  of  the  former  in  America  the  fairest  opportu- 
nity of  involving  her  in  our  resentments  against  the  latter,  and 
of  introducing  Great  Britain  as  a  party  with  us  against  both; 
that  America  cannot  possibly  be  diverted  from  her  object,  and 
therefore  France  is  bound  to  set  every  engine  at  work  to  divert 
Spain  from  hers;  and  that  France  has,  besides,  a  great  interest 
in  a  trade  with  the  western  country  through  the  Mississippi. 

I  thought  it  not  amiss,  also,  to  suggest  to  him  some  of  the  con- 
siderations which  seem  to  appeal  to  the  prudence  of  Spain.  He 
admitted  the  force  of  everything  I  said;  told  me  he  would  write 
in  the  most  [favorable]  terms  to  the  Count  de  Vergennes  by  the 
packet  which  will  probably  carry  this,  and  let  me  see  his  letter 
at  New  York  before  he  sends  it.  He  thinks  that  Spain  is  bent 
on  excluding  us  from  the  Mississippi,  and  mentioned  several 
anecdotes  which  happened  while  he  was  at  Madrid  in  proof 
of  it. 

The  Committee  of  the  States  have  dispersed.  Several  of  the 
Eastern  members  having,  by  quitting  it,  reduced  the  number 
below  a  quorum,  the  impotent  remnant  thought  it  needless  to 
keep  together.  It  is  not  probable  they  will  be  reassembled  be- 
fore November,  so  that  there  will  be  an  entire  interregnum  of 
the  federal  Government  for  some  time,  against  the  intention  of 
Congress  I  apprehend,  as  well  as  against  every  rule  of  deco- 
rum. 

The  Marquis  this  moment  stepped  into  my  room,  and,  seeing 
my  cyphers  before  me,  dropped  some  questions  which  obliged 
me,  in  order  to  avoid  reserve,  to  let  him  know  that  I  was  wri- 
ting to  you.  I  said  nothing  of  the  subject,  but  he  will  probably 
infer  from  our  conversation  that  the  Mississippi  is  most  in  my 
thoughts. 

Mrs.  House  charges  me  with  a  thousand  compliments  and 
kind  wishes  for  you  and  Miss  Patsy.  We  hear  nothing  of 
Mrs.  Trist,  since  her  arrival  at  the  Falls  of  the  Ohio,  on  her 
way  to  N.  Orleans.  There  is  no  doubt  that  she  proceeded 
down  the  river  thence,  unapprized  of  her  loss.  When  and  how 
she  will  be  able  to  get  back,  since  the  Spaniards  have  shut  all 


1784.  LETTERS.  101 

their  ports  against  the  U.  S.,  is  uncertain,  and  gives  much 
anxiety  to  her  friends.  Browse  has  a  windfall  from  his  grand- 
mother of  XI, 000  sterling. 

Present  my  regards  to  Miss  Patsy  and  to  Mr.  Short,  if  he 
should  be  with  you,  and  accept  yourself,  Dear  Sir,  the  sincerest 
affection  of 

Your  friend  and  servant. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  Sepf  15th,  1784. 

DEAE  SIR, — In  pursuance  of  my  intentions,  as  explained  in 
my  last,  dated  in  Philadelphia,  I  came  to  this  City  on  Saturday 
last.  The  information  I  have  here  received  convinces  me  that 
I  cannot  accomplish  the  whole  route  I  had  planned  within  the 
time  to  which  I  am  limited,  nor  go  from  this  to  Boston  in  the 
mode  which  I  had  reckoned  upon.  I  shall  therefore  decline 
this  part  of  my  plan,  at  least  for  the  present,  and  content  my- 
self with  a  trip  to  Fort  Schuyler,  in  which  I  shall  gratify  my 
curiosity  in  several  respects,  and  have  the  pleasure  of  the  Mar- 
quis's company.  We  shall  set  off  this  afternoon  in  a  Barge  up 
the  North  River.  The  Marquis  has  received  in  this  City  a 
continuation  of  those  marks  of  cordial  esteem  and  affection 
which  were  hinted  in  my  last.  The  Gazettes  herewith  enclosed 
will  give  you  samples  of  them.  Besides  the  personal  homage 
he  receives,  his  presence  has  furnished  occasion  for  fresh  mani- 
festations of  those  sentiments  towards  France  which  have  been 
so  well  merited  by  her,  but  which  her  Enemies  pretended  would 
soon  give  way  to  returning  affection  for  G.  Britain.  In  this 
view,  a  republication  of  those  passages  in  the  Gazettes  of  France 
may  be  of  advantage  to  us.  They  will  at  least  give  pleasure 
to  the  Friends  of  the  Marquis. 

We  have  an  account  from  Canada,  how  far  to  be  relied  on  I 
cannot  say,  that  the  Indians  have  surprised  and  plundered  Mich- 
illimackinac,  where  the  English  had  a  great  amount  of  Stores 


102  WORKS    OF    MADISON.  1734. 

and  Merchandize,  and  that  they  have  refused  to  treat  with  Sir 
John  Johnson. 

The  Marquis  has  shewn  me  a  passage  in  his  letter  to  the 
Count  de  Vergennes,  in  which  he  sketches  the  idea  relative  to 
the  Mississippi.  He  says  he  has  not  had  time  to  dilate  upon  it, 
but  that  his  next  letter  will  do  it  fully. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  October  llth,  1784. 

DEAR  SIR, — My  last,  dated  from  this  place  on  the  15th  ultimo, 
informed  you  of  my  projected  trip  to  Fort  Schuyler.  I  am  this 
moment  arrived  so  far  on  my  return  to  Virginia.  My  past  de- 
lay requires  so  much  hurry  now,  that  I  can  only  drop  a  few 
lines  for  the  packet  which  is  to  sail  on  the  15th  instant.  The 
Marquis  and  myself  were  overtaken  at  Albany  by  Mr.  de  Mar- 
bois,  on  the  same  errand  with  ourselves.  We  reached  Fort 
Schuyler  on  the  29th,  and  on  the  next  day  paid  a  visit  to  the 
Oneida  Nation,  18  miles  distant.  The  Commissioners  did  not 
get  up  till  the  Saturday  following.  We  found  a  small  portion 
only  of  the  six  nations  assembled;  nor  was  the  number  much 
increased  when  we  quitted  the  scene  of  business.  Accounts, 
however,  had  come  of  deputies  from  more  distant  tribes  being 
on  the  way.  The  Marquis  was  received  by  the  Indians  with 
equal  proofs  of  attachment  as  have  been  shewn  him  elsewhere 
in  America.  This  personal  attachment,  with  their  supposed 
predilection  for  his  nation,  and  the  reports  propagated  among 
them  that  the  Alliance  between  France  and  the  United  States 
was  transient  only,  led  him,  with  the  sanction  of  the  Commis- 
sioners, to  deliver  a  Speech  to  the  Indian  Chiefs,  coinciding  with 
the  object  of  the  Treaty.  The  answers  were  very  favorable  in 
their  general  tenor.  Copies  of  both  will  be  sent  to  Mons.  de 
Vergennes  and  the  M.  de  Castries,  by  Mr.  Marbois,  and  be 
within  the  reach  of  your  curiosity.  The  originals  were  so  much 


1784.  LETTERS.  103 

appropriated  to  this  use  during  my  stay  with  the  Marquis,  that 
I  had  no  opportunity  of  providing  copies  for  you. 

What  the  upshot  of  the  Treaty  will  be  is  uncertain.  The 
possession  of  the  posts  of  Niagara,  &c.,  by  the  British  is  a  very 
inauspicious  circumstance.  Another  is,  that  we  are  not  likely 
to  make  a  figure  otherwise  that  will  impress  a  high  idea  of  our 
power  or  opulence.  These  obstacles  will  be  rendered  much 
more  embarrassing  by  the  instructions  to  the  Commissioners, 
which,  I  am  told,  leave  no  space  for  negociation  or  concession, 
and  will  consequently  oblige  them,  in  case  of  refusal  in  the  In- 
dians to  yield  the  ultimate  hopes  of  Congress,  to  break  up  the 
Treaty.  But  what  will  be  the  consequence  of  such  an  emer- 
gency? Can  they  grant  a  peace  without  cessions  of  territory;  or 
if  they  do,  must  not  some  other  price  hereafter  purchase  them  ? 
A  Truce  has  never,  I  believe,  been  introduced  with  the  Savages, 
nor  do  I  suppose  that  any  provision  has  been  made  by  Congress 
for  such  a  contingency. 

The  perseverance  of  the  British  in  retaining  the  posts  pro- 
duces various  conjectures.  Some  suppose  it  is  meant  to  enforce 
a  fufilment  of  the  Treaty  of  peace  on  our  part.  This  interpre- 
tation is  said  to  have  been  thrown  out  on  the  other  side.  Others, 
that  it  is  a  salve  for  the  wound  given  the  Savages,  who  are 
made  to  believe  that  the  posts  will  not  be  given  up  till  good 
terms  shall  be  granted  them  by  Congress.  Others,  that  it  is 
the  effect  merely  of  omission  in  the  British  Government  to  send 
orders.  Others,  that  it  is  meant  to  fix  the  fur  trade  in  the 
British  channel,  and  it  is  even  said  that  the  Government  of 
Canada  has  a  personal  interest  in  securing  a  monopoly  of  at 
least  the  crop  of  this  season.  I  am  informed  by  a  person  just 
from  Michilimackinac  that  this  will  be  greater  than  it  has  been 
for  several  seasons  past,  or  perhaps  any  preceding  season,  and 
that  no  part  of  it  is  allowed  by  the  British  Commanders  to  be 
brought  through  the  United  States.  From  the  same  quarter  I 
learn  that  the  posts  have  been  lately  well  provisioned  for  the 
winter,  and  that  reliefs,  if  not  reinforcements,  of  the  garrisons 
will  take  place.  Col.  Monroe  had  passed  Oswego  when  last 
heard  of,  and  was  likely  to  execute  his  plan.  If  I  have  time 


WORKS    OF    MADISON.  1784. 

and  opportunity  I  will  write  again  from  Philadelphia,  for 
which  I  set  out  immediately;  if  not,  from  Richmond.  The  Mar- 
quis proceeded  from  Albany  to  Boston,  from  whence  he  will  go, 
via  Rhode  Island,  to  Virginia,  and  be  at  the  Assembly.  Thence 
he  returns  into  the  Northern  States  to  embark  for  Europe. 


TO  THOMAS  JEFFERSON. 

PHILADELPHIA,  October  17th,  1784. 

DEAR  SIR, — On  my  arrival  here  I  found  that  Mr.  Short  had 
passed  through  on  his  way  to  New  York,  and  was  there  at  the 
date  of  my  last.  I  regret  much  that  I  missed  the  pleasure  of 
seeing  him.  The  inclosed  was  put  into  my  hands  by  Mrs.  House, 
who  received  it  after  he  left  Philadelphia.  My  two  last,  neither 
of  which  were  in  cypher,  were  written,  as  will  be  all  future 
ones  in  the  same  situation,  in  expectation  of  their  being  read 
by  postmasters.  I  am  well  assured  that  this  is  the  fate  of  all 
letters,  at  least  to  and  from  public  persons,  not  only  in  France 
but  all  the  other  Countries  of  Europe.  Having  now  the  use  of 
my  cypher,  I  can  write  without  restraint. 

In  my  last  I  gave  you  a  sketch  of  what  passed  at  Fort  Schuy- 
ler  during  my  stay  there;  mentioning  in  particular  that  the 
Marquis  had  made  a  speech  to  the  Indians,  with  the  sanction 
of  the  Commissioners,  Wolcot,  Lee,  and  Butler.  The  question 
will  probably  occur  how  a  foreigner,  and  a  private  one,  could 
appear  on  the  theatre  of  a  public  Treaty  between  the  United 
States  and  the  Indian  nations,  and  how  the  Commissioners 
could  lend  a  sanction  to  it.  Instead  of  offering  an  opinion  of 
the  measure,  I  will  state  the  manner  in  which  it  was  brought 
about.  It  seems  that  most  of  the  Indian  tribes,  particularly 
those  of  the  Iroquois,  retain  a  strong  predilection  for  the  French, 
and  most  of  the  latter  an  enthusiastic  idea  of  the  Marquis. 
This  idea  has  resulted  from  his  being  a  Frenchman,  the  figure 
he  has  made  during  the  war,  and  the  arrival  of  several  impor- 
tant events  which  he  foretold  to  them  soon  after  he  came  to  this 
country.  Before  he  went  to  Fort  Schuyler,  it  had  been  sug- 


1784.  LETTERS.  105 

gested,  either  in  compliment  or  sincerity,  that  his  presence  and 
influence  might  be  of  material  service  to  the  treaty.  At  Albany, 
the  same  thing  had  been  said  to  him  by  General  Wolcot.  On 
his  arrival  at  Fort  Schuyler,  Mr.  Kirkland  recommended  an 
exertion  of  his  influence  as  of  essential  consequence  to  the  treaty, 
painting  in  the  strongest  colours  the  attachment  of  the  Indians 
to  his  person,  which  seemed  indeed  to  be  verified  by  their 
caresses,  and  the  artifices  employed  by  the  British  partizans  to 
frustrate  the  objects  of  the  treaty,  among  which  was  a  pretext 
that  the  alliance  between  the  United  States  and  France  was 
insincere  and  transitory,  and,  consequently,  the  respect  of  the 
Indians  for  the  latter  ought  to  be  no  motive  for  their  respecting 
the  former.  Upon  these  circumstances,  the  Marquis  grounded  a 
written  message  to  the  Commissioners  before  they  got  up,  inti- 
mating his  disposition  to  render  the  United  States  any  service 
his  small  influence  over  the  Indians  might  put  in  his  power,  and 
desiring  to  know  what  the  Commissioners  would  chuse  him  to 
say.  The  answer,  in  Mr.  Lee's  hand,  consisted  of  polite  ac- 
knowledgments, and  information  that  the  Commissioners  would 
be  happy  in  affording  him  an  opportunity  of  saying  whatever 
he  might  wish,  forbearing  to  advise  or  suggest  what  it  would 
be  best  for  him  to  say.  The  Marquis  perceived  the  caution, 
but  imputed  it  to  Lee  alone. 

As  his  stay  was  to  be  very  short,  it  was  necessary  for  him  to 
take  provisional  measures  before  the  arrival  of  the  Commis- 
sioners, and  particularly  for  calling  in  the  Oneida  Chiefs,  who 
were  at  their  town.  It  fell  to  my  lot  to  be  consulted  in  his 
dilemma.  My  advice  was,  that  he  should  invite  the  Chiefs  in 
such  a  way  as  would  give  him  an  opportunity  of  addressing 
them  publicly,  if  on  a  personal  interview  with  the  Commission- 
ers it  should  be  judged  expedient,  or  of  satisfying  their  expec- 
tations with  a  friendly  entertainment  in  return  for  the  civilities 
his  visit  to  their  town  had  met  with.  This  advice  was  ap- 
proved; but  the  Indians  brought  with  them  such  ideas  of  his 
importance  as  no  private  reception  would  probably  have  been 
equal  to.  When  the  Commissioners  arrived,  the  Marquis  con- 
sulted them  in  person.  They  were  reserved;  he  was  embar- 


106  WORKS    OF    MADISON.  1734. 

passed.  Finally,  they  changed  their  plan,  and  concurred  explicit- 
ly in  his  making  a  Speech  in  form.  He  accordingly  prepared 
one,  communicated  it  to  the  Commissioners,  and  publickly  pro- 
nounced it,  the  Commissioners  premising  such  an  one  as  was 
thought  proper  to  introduce  his.  The  answer  of  the  Sachems, 
as  well  as  the  circumstances  of  the  audience,  denoted  the  high- 
est reverence  for  the  orator.  The  Chief  of  the  Oneidas  said 
that  the  word  which  he  had  spoken  to  them  early  in  the  war 
had  prevented  them  from  being  misled  to  the  wrong  side  of  it. 

During  this  scene,  and  even  during  the  whole  stay  of  the  Mar- 
quis, he  was  the  only  conspicuous  figure.  The  Commissioners 
were  eclipsed.  All  of  them  probably  felt  it.  Lee  complained 
to  me  of  the  immoderate  stress  laid  on  the  influence  of  the  Mar- 
quis, and  evidently  promoted  his  departure.  The  Marquis  was 
not  insensible  of  it,  but  consoled  himself  with  the  service  which 
he  thought  the  Indian  Speech  would  witness  that  he  had  ren- 
dered to  the  United  States.  I  am  persuaded  that  the  transac- 
tion is  also  pleasing  to  him  in  another  view,  as  it  will  form  a 
bright  column  in  the  Gazettes  of  Europe.  As  it  is  blended 
with  the  proceedings  of  the  Commissioners,  it  will  probably  not 
be  published  in  America  very  soon. 

The  time  I  have  lately  passed  with  the  Marquis  has  given  me 
a  pretty  thorough  insight  into  his  character.  With  great  nat- 
ural frankness  of  temper,  he  unites  much  address  and  very  con- 
siderable talents.  In  his  politics,  he  says  his  three  hobby-horses 
are  the  alliance  between  France  and  the  United  States,  the 
union  of  the  latter,  and  the  manumission  of  the  Slaves.  The 
two  former  are  the  dearer  to  him,  as  they  are  connected  with 
his  personal  glory.  The  last  does  him  real  honor,  as  it  is  a 
proof  of  his  humanity.  In  a  word,  I  take  him  to  be  as  amiable 
a  man  as  can  be  imagined,  and  as  sincere  an  American  as  any 
Frenchman  can  be;  one  whose  past  services  gratitude  obliges 
us  to  acknowledge,  and  whose  future  friendship  prudence  re- 
quires us  to  cultivate. 

The  Committee  of  the  States  have  never  reassembled.  The 
case  of  Longchamps  has  been  left  both  by  the  Legislative  and 
Executive  of  this  State  to  its  Judiciary  course.  He  is  sentenced 


1784.  LETTERS.  107 

to  a  fine  of  100  crowns,  to  two  years'  imprisonment,  and  security 
for  good  behaviour  for  seven  years.  On  tuesday  morning  I  set 
off  for  Richmond,  where  I  ought  to  be  to-morrow,  but  some  de- 
lays have  put  it  out  of  my  power. 

The  ramble  I  have  taken  has  rather  inflamed  than  extin- 
guished my  curiosity  to  see  the  Northern  and  N.  W.  Country. 
If  circumstances  be  favorable,  I  may  probably  resume  it  next 
summer.  Present  my  compliments  to  Miss  Patsy,  for  whom,  as 
well  as  yourself,  Mrs.  House  charges  me  with  hers.  She  has 
lately  had  a  letter  from  poor  Mrs.  Trist,  every  syllable  of  which 
is  the  language  of  affection  itself.  She  had  arrived  safe  at  the 
habitation  of  her  deceased  Husband,  but  will  not  be  able  to 
leave  that  country  till  the  spring,  at  the  nearest.  The  only 
happiness  she  says  she  is  capable  of,  is  to  receive  proofs  that  her 
friends  have  not  forgotten  her.  I  do  not  learn  what  is  likely 
to  be  the  amount  of  the  effects  left  by  Mr.  T.;  former  accounts 
varied  from  6  to  10,000  dollars. 

I  am,  my  dear  Sir,  yours  very  affect6'7. 


TO  JAMES  MONEOE. 

RICHMOND,  November  — ,  1784. 

DEAR  SIR, — Your  favor  without  date  was  brought  by  thurs- 
day's  post.  It  inclosed  a  cypher,  for  which  I  thank  you,  and 
which  I  shall  make  use  of  as  occasion  may  require,  though,  from 
the  nature  of  our  respective  situations,  its  chief  value  will  be 
derived  from  your  use  of  it.  General  Washington  arrived  here 
on  Sunday  last,  and  the  Marquis  on  thursday.  The  latter  came 
from  Boston  in  a  French  frigate.  They  have  both  been  ad- 
dressed and  entertained  in  the  best  manner  that  circumstances 
would  admit.  These  attentions,  and  the  balloting  for  public 
offices,  have  consumed  the  greatest  part  of  the  past  week.  Mr. 
Jones  is  put  into  the  place  of  Mr.  Short;  Mr.  Roane  and  Mr.  M. 
Selden  are  to  go  into  those  of  Mr.  M.  Smith  and  Col.  Chris- 
tian, who  are  the  victims  to  that  part  of  the  Constitution  which 


.108  WORKS    OF    MADISON.  1784. 

directs  a  triennial  purgation  of  the  Council.  The  vote  is  not 
to  take  effect  till  the  Spring,  but  was  made  now  in  consequence 
of  the  discontinuance  of  the  spring  session.  The  rejected  Candi- 
dates were  Col.  Bland,  Cyrus  Griffin,  G.  Webb,  W.  C.  Nicholas, 
Mr.  Breckenridge,  Col.  Carrington.  The  latter  was  within  one 
vote  of  Mr.  Selden;  Col.  B.,  Mr.  N.,  and  Mr.  B.,  had,  as  nearly 
as  I  recollect,  between  20  and  30  votes ;  Mr.  G.  &  Mr.  W. 
very  few.  Mr.  H.  Innes,  late  Judge  of  the  Kentucky  Court, 
is  to  succeed  Walker  Daniel,  late  Attorney  General,  in  that 
District.  His  competitor  was  Mr.  Stuart,  who  was  about  15 
votes  behind. 

I  am,  dear  sir,  your's  sincerely. 


TO  JAMES  MONROE. 

RICHMOND,  November  14th,  1784. 

DEAR  SIR, — I  had  intended  by  this  post  to  commence  our 
correspondence  with  a  narrative  of  what  has  been  done  and  is 
proposed  to  be  done  at  the  present  Session  of  the  General  As- 
sembly, but,  by  your  last  letter  to  Mr.  Jones,  I  find  that  it  is 
very  uncertain  whether  this  will  get  to  Trenton  before  you  leave 
it  for  Virginia.  I  cannot,  however,  postpone  my  congratula- 
tions on  your  critical  escape  from  the  danger  which  lay  in  am- 
bush for  you,  and  your  safe  return  to  Trenton.  My  ramble  ex- 
tended neither  into  the  dangers  nor  gratifications  of  yours.  It 
was  made  extremely  pleasing  by  sundry  circumstances,  but 
would  have  been  more  so,  I  assure  you,  Sir,  if  we  had  been  co- 
temporarys  in  the  route  we  both  passed. 

The  Indians  begin  to  be  unquiet,  we  hear,  both  on  the  North 
West  and  South  East  sides  of  the  Ohio.  The  Spaniards  are 
charged  with  spurring  on  the  latter.  As  means  of  obviating 
the  dangers,  the  House  of  Delegates  have  resolved  to  authorize 
the  Executive  to  suspend  the  surveying  of  land  within  the  un- 
purchased  limits,  and  to  instruct  the  Delegation  to  urge  in  Con- 
gress Treaties  with  the  -Southern  Indians,  and  negociations 


1784.  LETTERS.  109 

with  Spain  touching  the  Mississippi.  They  also  propose  to  set 
on  foot  surveys  of  Potowmac  and  James  Rivers,  from  their  falls 
to  their  sources.  But  their  principal  attention  has  been,  and  is 
still,  occupied  with  a  scheme  proposed  for  a  General  Assess- 
ment; 47  have  carried  it  against  32.  In  its  present  form  it  ex- 
cludes all  but  Christian  sects.  The  Presbyterian  Clergy  have 
remonstrated  against  any  narrow  principles,  but  indirectly  favor 
a  more  comprehensive  establishment.  I  think  the  bottom  will 
be  enlarged,  and  that  a  trial  will  be  made  of  the  practicability 
of  the  project.  The  successor  to  Mr.  Harrison  is  not  yet  ap- 
pointed or  nominated.  It  is  in  the  option  of  Mr.  Henry,  and  I 
fancy  he  will  not  decline  the  service.  There  will  be  three  va- 
cancies in  the  Council,  for  which  no  nominations  have  been 
made.  Mr.  C.  Griffith  will  probably  be  named,  and  Mr.  W. 
Nicholas.  Mr.  Roane  is  also  spoken  of. 
I  am,  dear  sir,  your's  sincerely. 


TO  JAMES  MONEOE. 

RICHMOND,  Novr  27th,  1784. 

DEAR  SIR, — Your  favor  of  the  15th  instant  came  to  hand  by 
thursday's  post.  Mine  by  the  last  post  acknowledged  your  pre- 
ceding one.  The  umbrage  given  to  the  Commissioners  of  the 
United  States  by  the  negociations  of  New  York  with  the  In- 
dians was  not  altogether  unknown  to  me,  though  I  am  less  ac- 
quainted with  the  circumstances  of  it  than  your  letter  supposes. 
The  idea  which  I  at  present  have  of  the  affair  leads  me  to  say, 
that  as  far  as  New  York  may  claim  a  right  of  treating  with  In- 
dians for  the  purchase  of  lands  within  her  limits,  she  has  the 
Confederation  on  her  side;  as  far  as  she  may  have  exerted  that 
right  in  contravention  of  the  General  Treaty,  or  even  unconfi- 
dentially  with  the  Commissioners  of  Congress,  she  has  violated 
both  duty  and  decorum.  The  federal  Articles  give  Congress  the 
exclusive  right  of  managing  all  affairs  with  the  Indians  not  mem- 


WORKS    OF    MADISON.  1784. 

~bers  of  any  State,  under  a  proviso,  that  the  Legislative  authority 
of  the  State  within  its  own  limits  be  not  violated.  By  Indians 
not  members  of  a  State,  must  be  meant  those,  I  conceive,  who 
do  not  live  within  the  body  of  the  Society,  or  whose  persons  or 
property  form  no  objects  of  its  laws.  In  the  case  of  Indians  of 
this  description,  the  only  restraint  on  Congress  is  imposed  by 
the  Legislative  authority  of  the  State. 

If  this  proviso  be  taken  in  its  full  latitude,  it  must  destroy 
the  authority  of  Congress  altogether,  since  no  act  of  Congress 
within  the  limits  of  a  State  can  be  conceived  which  will  not  in 
some  way  or  other  encroach  upon  the  authority  of  the  State. 
In  order,  then,  to  give  some  meaning  to  both  parts  of  the  sen- 
tence, as  a  known  rule  of  interpretation  requires,  we  must  re- 
strain this  proviso  to  some  particular  view  of  the  parties.  What 
was  this  view  ?  My  answer  is,  that  it  was  to  save  to  the  States 
their  right  of  pre-emption  of  lands  from  the  Indians.  My  rea- 
sons are:  1.  That  this  was  the  principal  right  formerly  exerted 
by  the  Colonies  with  regard  to  the  Indians.  2.  That  it  was  a 
right  asserted  by  the  laws  as  well  as  the  proceedings  of  all  of 
them,  and  therefore,  being  most  familiar,  would  be  most  likely 
to  be  in  contemplation  of  the  parties.  3.  That  being  of  most 
consequence  to  the  States  individually,  and  least  inconsistent 
with  the  general  powers  of  Congress,  it  was  most  likely  to  be 
made  a  ground  of  compromise.  4.  It  has  been  always  said  that 
the  proviso  came  from  the  Virginia  Delegates,  who  would  nat- 
urally be  most  vigilant  over  the  territorial  rights  of  their  con- 
stituents. But  whatever  may  be  the  true  boundary  between 
the  authority  of  Congress  and  that  of  New  York,  or  however 
indiscreet  the  latter  may  have  been,  I  join  entirely  with  you  in 
thinking  that  temperance  on  the  part  of  the  former  will  be  the 
wisest  policy. 

I  concur  with  you  equally  with  regard  to  the  ignominious 
secession  at  Annapolis.  As  Congress  are  too  impotent  to  pun- 
ish such  offences,  the  task  must  finally  be  left  to  the  States,  and 
experience  has  shewn,  in  the  case  of  Howell,  that  the  interposi- 
tion of  Congress  against  an  offender,  instead  of  promoting  his 


1784.  LETTEES.  HI 

chastisement,  may  give  him  a  significancy  which  he  otherwise 
would  never  arrive  at,  and  may  induce  a  State  to  patronize  an 
act  which  of  their  own  accord  they  would  have  punished. 

I  am  sorry  to  find  the  affair  of  Mr.  de  Marbois  taking  so  se- 
rious a  face.  As  the  insult  was  committed  within  the  jurisdic- 
tion of  Pennsylvania,  I  think  you  are  right  in  supposing  the 
offender  could  not  be  transferred  to  another  jurisdiction  for 
punishment.  The  proper  questions,  therefore,  are:  1.  Whether 
the  existing  law  was  fully  put  in  force  against  him  by  Pennsyl- 
vania? 2.  Whether  due  provision  has  been  made  by  that  State 
against  like  contingencies  ?  Nothing  seems  to  be  more  difficult 
under  our  new  Governments  than  to  impress  on  the  attention 
of  our  Legislatures  a  due  sense  of  those  duties  which  spring 
from  our  relation  to  foreign  nations. 

Several  of  us  have  been  labouring  much  of  late  in  the  General 
Assembly  here  to  provide  for  a  case  with  which  we  are  every 
day  threatened  by  the  eagerness  of  our  disorderly  citizens  for 
Spanish  plunder  and  Spanish  blood.  It  has  been  proposed  to 
authorise  Congress,  whenever  satisfactory  proof  shall  be  given 
to  them  by  a  foreign  power  of  such  a  crime  being  committed  by 
our  citizens  within  its  jurisdiction  as  by  the  law  of  Nations  calls 
for  a  surrender  of  the  offender,  and  the  foreign  power  shall 
actually  make  the  demand,  [to  require  his  surrender  from  the 
Executive  of  the  State,]  and  that  the  Executive  may,  at  the  in- 
stance of  Congress,  apprehend  and  deliver  up  the  offender. 
That  there  are  offences  of  that  class  is  clearly  stated  by  Vattel 
in  particular,  and  that  the  business  ought  to  pass  through' Con- 
gress is  equally  clear.  The  proposition  was  a  few  days  ago 
rejected  in  Committee  of  the  whole.  To-day,  on  the  report  of 
the  Committee,  it  has  been  agreed  to  by  a  small  majority.  This 
is  the  most  material  question  that  has  agitated  us  during  the 
week  past. 

The  Bill  for  a  Religious  Assessment  has  not  been  yet  brought 
in.  Mr.  Henry,  the  father  of  the  scheme,  is  gone  up  to  his  seat 
for  his  family,  and  will  no  more  sit  in  the  House  of  Delegates — 
a  circumstance  very  inauspicious  to  his  offspring.  An  attempt 


112  WORKS    OF    MADISON.  1781 

will  be  made  for  Circuit  Courts,  and  Mr.  Jones  has  it  in  contem- 
plation to  try  whether  any  change  has  taken  place  in  the  senti- 
ments of  the  House  of  Delegates  on  the  subject  of  the  Treaty. 
He  will  write  to  you  by  this  post,  and  I  refer  to  him  for  what  I 
may  have  omitted. 

With  sincere  regard  and  esteem,  I  am,  dear  sir,  your  friend 
and  serv1. 


TO   COL.   JAMES  MADISON. 

RICHMOND,  Novr  27th,  1784. 

HOND  SIR, — Having  a  moment's  time  to  drop  you  a  line,  I  in- 
form you  that  the  Bill  for  confirming  surveys  against  subsequent 
entries  has  been  negatived  by  a  large  majority,  rather  on  the 
principle  that  it  was  unnecessary  and  retrospective  than  that 
it  was  unjust  in  itself.  On  the  contrary,  all  the  principal  gen- 
tlemen were  of  opinion  that  it  was  just,  but  already  provided  for 
by  the  law.  Mr.  Innes,  the  late  Judge  of  the  Kentucky  Court, 
in  particular,  told  me  he  thought  such  surveys  could  not  be 
overset.  You  will  have  heard  of  the  vote  in  favor  of  the  Gen- 
eral Assessment.  The  bill  is  not  yet  brought  in,  and  I  question 
whether  it  will;  or  if  so,  whether  it  will  pass.  This  day  a  vote 
•passed  without  a  dissent  for  Circuit  Courts.  What  opposition 
may  be  made  to  its  passage  I  know  not. 


TO  JAMES  MONROE. 

RICHMOND,  December  4th,  1784. 

DEAR  SIR, — On  Saturday  last  a  proposition  was  agreed  to 
for  establishing  Circuit  Courts  throughout  this  Commonwealth, 
and  yesterday  a  bill  for  that  purpose  was  reported.  On  Wednes- 
day next  it  will  undergo  a  discussion  of  the  Committee  of 
the  whole.  The  circumstances  under  which  it  has  passed  thus 


1784.  LETTERS.  113 

far  seem  to  promise  a  favorable  issue,  but  the  dangers  •which  it 
is  yet  to  go  through  are  formidable.  They  proceed  from  latent 
and  interested  objections,  which  have  on  several  former  occa- 
sions proved  fatal  to  similar  attempts.  The  plan  is  pretty 
analogous  to  the  Nisi  prius  established  in  England. 

On  Tuesday,  sundry  propositions  were  made  by  Mr.  Jones 
in  favor  of  the  4th  Article  of  the  Treaty  of  peace.  They  passed 
by  a  large  majority,  with  blanks  as  to  the  length  of  time  to  be 
given  for  the  payment  of  the  principal,  and  for  disallowing  the 
interest.  The  former  was  filled  up  with  seven  years,  in  prefer- 
ence to  10,  8,  6,  and  5,  which  were  contended  for  on  different 
sides.  The  latter,  with  the  period  between  April  19th,  1775, 
and  March  3d,  1783,  in  preference  to  the  period  between  the 
first  date  and  May,  1784,  the  date  of  the  exchange  of  ratifica- 
tions. The  bill  will  probably  pass,  but  not,  I  fear,  without  some 
improper  ingredients,  and  particularly  some  conditions  relative 
to  the  North  Western  posts,  or  the  Negroes,  which  lye  without 
our  province. 

The  bill  for  the  Religious  Assessment  was  reported  yesterday, 
and  will  be  taken  up  in  a  Committee  of  the  whole  next  week. 
Its  friends  are  much  disheartened  at  the  loss  of  Mr.  Henry. 
Its  fate  is,  I  think,  very  uncertain.  Another  Act  of  the  House 
of  Delegates  during  the  present  week  is  a  direction  to  the  Exec- 
utive to  carry  into  effect  the  vote  of  a  Bust  to  [of?]  the  Marquis 
de  Lafayette,  to  be  presented  to  the  City  of  Paris,  and  to  cause 
another  to  be  procured  to  be  set  up  in  this  Country.  These 
resolutions  are  so  contrived  as  to  hide  as  much  as  possible  the 
circumstance  in  the  original  vote  of  the  bust  being  to  be  pre- 
sented to  the  Marquis  himself.  I  find  by  a  letter  from  General 
"Washington  that  he  was  on  the  28  ult.  just  setting  out  to 
accompany  the  Marquis  to  Annapolis,  and  thence  to  Baltimore. 
The  latter  may  therefore  soon  be  expected  at  Trenton.  He 
has  been  much  caressed  here,  as  well  as  everywhere  else  on  his 
Tour,  and  I  make  no  doubt  he  will  leave  Congress  with  equal 
reason  to  be  pleased  with  his  visit.  I  meant  to  have  sent  you 
a  copy  of  the  Resolutions  touching  the  Busts,  but  have  been 
disappointed  in  getting  one.  They  were  offered  by  Mr.  Jones, 

VOL.  i.  8 


WORKS    OF    MADISON.  1784. 

and  agreed  to  unanimously,  as  they  no  doubt  will  also  be  in  the 
Senate. 
Wishing  you  all  happiness,  I  am,  dear  sir,  your's  sincerely. 


TO  JAMES  MONROE. 

RICHMOND,  December  17th,  1784. 

DEAR  SIB—       ******* 

Our  progress  in  the  Revisal  has  been  stopped  by  the  waste 
of  time  produced  by  the  inveterate  and  prolix  opposition  of  its 
adversaries,  and  the  approach  of  Christmas.  The  Bill  propor- 
tioning crimes  and  punishments  was  the  one  at  which  we  stuck, 
after  wading  through  the  most  difficult  parts  of  it.  A  few  sub- 
sequent bills,  however,  were  excepted  from  the  postponement. 
Among  these  was  the  Bill  for  establishing  Religious  freedom, 
which  has  got  through  the  House  of  Delegates  without  altera- 
tion, though  not  without  warm  opposition.  Mr.  Mercer  and 
Mr.  Corbin  were  the  principal  Combatants  against  it. 

Mr.  Jones  is  well. 

With  sincerity,  I  am,  your  affectionate  friend. 


TO  JAMES  MONROE. 

RICHMOND,  December  24th,  1784. 

DEAR  SIR, — Your  favor  of  the  14th  instant  came  to  hand  on 
thursday.  A  proposition  was  made  a  few  days  ago  for  this 
State  to  empower  Congress  to  carry  into  effect  the  imposts,  as 
soon  as  twelve  States  should  make  themselves  parties  to  it.  It 
was  rejected  on  the  following  grounds:  1.  That  it  would  pre- 
sent a  disagreeable  aspect  of  our  affairs  to  foreign  Nations.  2. 
That  it  might  lead  to  other  combinations  of  lesser  numbers  of 
the  States.  3.  That  it  would  render  Rhode  Island  an  inlet  for 
clandestine  trade.  4.  That  it  would  sour  her  temper  still 


1784.  LETTERS.  115 

further,  at  a  crisis  when  her  concurrence  in  some  general  and 
'radical  amendment  of  the  Confederation  may  be  invited  by 
Congress.  5.  That  the  chance  is  almost  infinitely  against  a 
union  of  twelve  States  on  such  new  ground,  and  consequently 
the  experiment  would  be  only  a  fresh  display  of  the  jarring 
policy  of  the  States,  and  afford  a  fresh  triumph  and  irritation 
to  Rhode  Island. 

The  act  empowering  Congress  to  surrender  Citizens  of  this 
State  to  the  Sovereign  demanding  them,  for  certain  crimes  com- 
mitted within  his  jurisdiction,  has  passed.  Congress  are  to 
judge  whether  the  crimes  be  such  as  according  to  the  Law  of 
Nations  warrant  such  demand,  as  well  as  whether  the  fact  be 
duly  proven.  Concurrent  provision  is  made  for  punishing  such 
offences  by  our  own  laws,  in  case  no  such  demand  be  made  to 
or  be  not  admitted  by  Congress,  and  legal  proof  can  be  had. 
The  latter  law  extends  to  offences  against  the  Indians.  As 
these  tribes  do  not  observe  the  law  of  Nations,  it  was  supposed 
neither  necessary  nor  proper  to  give  up  citizens  to  them.  The 
act  is  not  suspended  on  the  concurrence  of  any  other  State,  it 
being  judged  favorable  to  the  interest  of  this  though  no  other 
should  follow  the  example,  and  a  fit  branch  of  the  federal  pre- 
rogative. The  Bill  for  Assize  Courts  has  passed  the  Senate 
without  any  material  amendment,  is  enrolled,  and  waits  only  to 
be  examined  by  the  Committee  and  signed  by  the  Speakers. 
The  General  Assessment,  on  the  question  for  engrossing  it,  was 
yesterday  carried  by  44  against  42.  To-day  its  third  reading 
was  put  off  till  November  next,  by  45  against  37,  or  there- 
abouts, and  it  is  to  be  printed  for  consideration  of  the  people. 
Much  business  is  still  on  the  table,  but  we  shall  probably  rise 
about  New-year's  day. 

I  am,  dear  sir,  with  sincere  regard,  your  friend  and  serv*. 


WORKS    OF    MADISON.  1784. 


[Notes  of  speech  made  by  Mr.  Madison  in  the  House  of  Delegates  of  Virginia, 
at  the  autumnal  session  of  1784,  in  opposition  to  the  General  assessment  Bill  for 
support  of  Religious  teachers:] 

I.  Rel.  not  within  purview  of  civil  authority. 

Tendency  of  estabg  Xnty.     1.  To  project  of  uniformity.     2. 
To  penal  laws  for  support2  it. 
Progress  of  Gen1  Asses1  proves  this  tendency. 
Difference  between  establishg  and  tolerating  error. 
True  question  not,  Is  Relig.  necess7  ?  but — 

II.  Are  Rel.  Estab'3  necess7  for  religion  ?    No. 

1.  Propensity  of  man  to  Religion. 

2.  Experience  shews  relig.  corrupted  by  Estab*8. 

3.  Downfall  of  States  mentioned  by  Mr.  Henry  happened 
where  there  was  estab1. 

4.  Experience  gives  no  model  of  Gen1  Assess*. 

5.  Case  of  Pa.  explained;  not  solitary;  N.  J.    See  Const11  of 
it;  R.  I.,  N.  J.,  D. 

6.  Case  of  primitive  Xnty;  of  reformation;  of  Dissenters  for- 
merly. 

7.  Progress  of  Religious  liberty. 

III.  Policy. 

1.  Promote  emigrations  from  State. 

2.  Prevent  immigration  into  it,  as  asylum. 

IV.  Necessity  of  Estab*  inferred  from  state  of  country;  true 
causes  of  disease. 

1.  War.        )  Common  to  other  States,  and  produce  same 

2.  Bad  laws,  f      complaints  in  N.  E. 

3.  Pretext  from  taxes. 

4.  State  of  Administration  of  justice. 

5.  Transition  from  old  to  new  plan. 

6.  Policy  and  hopes  of  friends  to  G1  Assess*. 
True  remedies:  Not  Estab1. — but  bring  out  of  war. 

1.  Laws  to  cherish  virtue. 

2.  Administration  of  justice. 

3.  Personal  example.     Associations  for  Rel. 

4.  By  present  vote  cut  off  hope  of  Gen.  Assess*. 


1784.  LETTERS.  117 

5.  Education  of  youth. 

V.  Probable  defects  of  Bill  when  prepared. 
What  is  Xnty  ?  courts  of  law  to  decide. 

Is  it  Trinitarianism,  arianism,  socinianism  ?  Is  it  salvation  by 
faith,  or  works  also?  &c.,  &c.,  &c. 

Ends  in  what  is  orthodoxy,  what  Heresy. 

VI.  Dishonors  Christianity. 
Panegyric  on  it,  on  our  side. 
Declan  of  Rights. 


TO  RICHD  H.   LEE. 

RICHMOND,  25  Dec.,  1784. 

DEAR  SIR, — Be  pleased  to  accept  my  congratulations  on  the 
event  which  has  given  to  your  talents  a  station  in  which  they 
cannot  fail  to  be  equally  useful  to  the  public  and  honorable  to 
yourself.*  I  offer  them  with  the  greater  pleasure,  too,  as  such 
an  event  is  a  proof  that  Congress  have  unfettered  themselves 
from  a  rule  which  threatened  to  exclude  merit  from  a  choice  in 
which  merit  only  ought  to  prevail. 

The  assize  Bill  has,  since  my  last,  past  into  a  law.  The  Sen- 
ate made  no  material  change  in  it,  but  gave  an  almost  unani- 
mous suffrage  to  it.  The  only  hesitation  with  them  was  between 
that  plan  and  another,  which  would  have  rendered  the  circuit 
courts  independent  of  the  general  court.  The  former,  which 
follows  the  English  model,  unites  the  advantages  of  a  trial  of 
facts,  where  facts  can  be  ascertained  with  greatest  certainty  and 
cheapness,  with  a  decision  of  law,  where  such  decision  can  be 
made  with  most  wisdom  and  uniformity.  The  advantage  of  the 
latter  consisted  in  removing  the  inconveniency  of  making  up 
the  issues  and  awarding  the  judgments  in  the  general  court, 
which  it  was  supposed  would  increase  expense,  if  not  delay,  and 
particularly  require  the  service  of  a  double  number  of  lawyers. 
Experience  will  probably  shew  that  the  latter  supposition  is 
exaggerated,  and  that  the  system  preferred  is  at  least  the  best 
to  begin  with. 

*  Mr.  Lee  had  just  been  elected  President  of  Congress. 


WORKS    OF    MADISON.  1754. 

The  general  assessment  bill  was  ordered  to  be  engrossed  by 
forty-four  against  forty-two,  and  has  since,  by  forty-five  against 
thirty-seven,  been  postponed  till  November  next,  and  is  to  be 
printed  for  immediate  consideration.  An  act  incorporating  the 
Episcopal  church  has  passed  in  a  form  less  offensive  than  the 
one  proposed  at  the  last  Session.  The  Bill  for  payment  of  Brit- 
ish debts  was  under  debate  yesterday;  its  passage  seems  prob- 
able, but  there  is  reason  to  fear  that  attempts  will  yet  be  made 
to  trammel  it.  It  still  takes  seven  years  for  payment,  though 
the  Glasgow  merchants  have  signified  their  assent  to  four  years. 
The  merchants  of  this  town  and  Petersburg  have  remonstrated 
against  the  idea  of  giving  the  British  merchants  a  summary  re- 
covery at  the  periods  of  the  instalments.  The  Bill  for  opening 
the  Potowmac  is  suspended  on  the  result  of  a  conference.  Gen- 
eral Washington,  General  Gates,  and  Colonel  Blackburn,  are 
commissioned  to  hold  conferences  with  Maryland  on  the  sub- 
ject. A  Bill  for  opening  James  River,  on  a  different  plan,  has 
passed  the  House  of  Delegates.  A  Bill  will  also  probably 
pass  for  surveying  the  waters  of  those  two  rivers  to  their 
sources,  the  country  between  them  and  the  western  waters,  and 
the  latter  down  to  the  Ohio.  It  will  also  probably  provide  for 
a  survey  of  the  different  routes  for  a  communication  between 
the  waters  of  Elizabeth  River  and  those  of  North  Carolina. 

In  the  course  of  last  week  a  proposition  was  made  to  em- 
power Congress  to  collect  the  Impost  within  this  State  [Vir- 
ginia] as  soon  as  twelve  States  should  unite  in  the  scheme.  The 
arguments  which  prevailed  against  it  were  the  unfavorable  as- 
pect it  would  present  to  foreigners;  the  tendency  of  the  example 
to  inferior  combinations;  the  field  it  would  open  for  contraband 
trade;  its  probable  effect  on  the  temper  of  Rhode  Island,  which 
might  thwart  other  necessary  measures  requiring  the  unanimity 
of  the  States;  the  improbability  of  the  union  of  twelve  States 
on  this  new  ground,  a  failure  of  which  would  increase  the  ap- 
pearance of  discord  in  their  policy,  and  give  fresh  triumph  and 
irritation  to  Rhode  Island. 

I  have  not  yet  found  leisure  to  scan  the  project  of  a  Conti- 
nental Convention  with  so  close  an  eye  as  to  have  made  up  any 


1784.  LETTERS.  119 

observations  worthy  of  being  mentioned  to  you.  In  general,  I 
hold  it  for  a  maxim,  that  the  Union  of  the  States  is  essential  to 
their  safety  against  foreign  danger  and  internal  contention; 
and  that  the  perpetuity  and  efficacy  of  the  present  system  can- 
not be  confided  in.  The  question  therefore  is,  in  what  mode 
and  at  what  moment  the  experiment  for  supplying  the  defects 
ought  to  be  made.  The  answer  to  this  question  cannot  be  given 
without  a  knowledge  greater  than  I  possess  of  the  temper  and 
views  of  the  different  States.  Virginia  seems,  I  think,  to  have 
excellent  dispositions  towards  the  Confederacy,  but  her  assent 
or  dissent  to  such  a  proposition  would  probably  depend  on  the 
chance  of  its  having  no  opponent  capable  of  rousing  the  preju- 
dices and  jealousies  of  the  Assembly  against  innovations,  par- 
ticularly such  as  will  derogate  from  their  own  power  and  im- 
portance. Should  a  view  of  the  other  States  present  no  objec- 
tions against  the  experiment,  individually,  I  would  wish  none 
to  be  presupposed  here. 

With  great  esteem  and  regard,  I  am,  dear  sir,  your  obt  and 
hum.  serv1. 


TO  GENERAL  WASHINGTON. 

RICHMOND,  January  1, 1785. 

DEAR  SIR, — I  was  yesterday  honored  with  yours  of  the  28th 
ultimo,  accompanying  the  Report  of  the  Conferees,  &c.,  &c. 
The  latter  has  been  laid  before  the  House  of  Delegates,  and  a 
committee  appointed  to  report  a  Bill  and  Eesolutions  "corres- 
ponding with  those  of  Maryland.  The  only  danger  of  miscar- 
riage arises  from  the  impatience  of  the  members  to  depart,  and 
the  bare  competency  of  the  present  number.  By  great  efforts 
only  they  have  been  detained  thus  long.  I  am  not  without 
hopes,  however,  that  the  business  of  the  Potowmac  at  least  will 
be  provided  for  before  the  adjournment,  and  some  provision  now 
depending  be  compleated  in  favor  of  James  River.  Before  the 
receipt  of  your  dispatches  a  Bill  had  been  passed  by  the  House 


120  WORKS    OF    MADISON.  1785. 

of  Delegates  for  surveying  the  former  as  well  as  the  latter  river, 
on  a  plan  which  we  shall  endeavour,  by  concert  with  the  Sen- 
ate, to  accommodate  to  the  provisions  of  Maryland.  A  Reso- 
lution has  passed  both  Houses  instructing  the  Commissioners, 
appointed  in  June  last  to  settle  with  Maryland  Commissioners 
the  jurisdiction  of  the  Potowniac,  to  join  in  a  representation  to 
Pennsylvania  on  the  subject  of  the  waters  of  the  Ohio  within  her 
limits.  This  instruction  ought  rather  to  have  been  committed  to 
the  late  conference;  but  when  the  Commission,  under  which  you 
attended  it,  passed,  I  was  confined  to  my  room,  and  it  did  not 
occur  to  any  other  member.  And,  indeed,  if  I  had  been  well,  the 
haste  which  necessarily  prevailed  might  have  precluded  me  from 
comprehending  the  object  within  your  mission,  especially  as  I 
had  not  previously  digested  my  ideas  on  the  subject,  nor  accu- 
rately examined  the  text  of  the  Confederation.  It  were  to  be 
wished  too,  I  think,  that  the  application  to  Pennsylvania  on  the 
subject  of  the  road  could  have  been  blended  with  that  of  the 
River.  As  it  is,  it  will,  I  think,  be  best  to  refer  it,  after  the 
example  of  Maryland,  to  the  Executive.  I  beg  you,  Sir,  to  ex- 
cuse the  brevity  which  our  hurry  has  imposed  upon  me.  As 
soon  as  I  have  leisure,  I  will  endeavour  to  make  amends  by  a 
fuller  communication  on  this  subject. 


TO  JAMES  MONROE. 

RICHMOND,  8th  January.  1785. 

DEAR  SIR, — Yours  of  the  18th  ultimo  came  to  hand  yester- 
day. The  view  which  it  gives  of  the  operations  of  the  Cabinet 
portends,  I  fear,  a  revival  of  those  intrigues  and  contests  of 
ambition  which  have  more  than  once  distracted  and  dishonoured 
the  National  Councils.  Foreign  appointments  have  generally 
been  the  parents  of  those  mischiefs,  and  ought  for  that  reason, 
when  no  other  reasons  oppose,  to  be  rendered  as  unfrequent  as 
may  be. 

The  union  between  R.  H.  Lee  and  R.  R.  Livingston*  would 

*  On  the  appointment  of  Mr.  Jefferson  to  the  Court  of  Spain. 


1785.  LETTERS.  121 

have  been  among  the  last  of  my  predictions,  nor  can  I  fathom 
the  principle  on  which  it  is  founded. 

The  policy  of  healing  the  variance  between  the  United  States 
and  Great  Britain  is  no  doubt  obvious;  but  I  cannot  enter  into 
the  suspicions  entertained  of  hostile  designs  in  the  latter.  Her 
internal  situation  renders  them  extremely  improbable,  and  the 
affairs  of  Ireland,  as  I  conceive,  absolutely  incredible.  What 
could  she  hope  for  or  aim  at  ?  If  the  late  war  was  folly,  a  new 
one  for  the  same  object  would  be  downright  phrensy.  Her  ill- 
humour  is  the  natural  consequence  of  disappointed  and  disarmed 
ambition,  and  her  disregard  of  the  Treaty  may,  if  not  be  justi- 
fied, at  least  be  accounted  for  by  what  has  passed  in  the  United 
States.  Let  both  parties  do  what  neither  can  deny  its  obliga- 
tion to  do,  and  the  difficulty  is  at  an  end. 

The  contest  with  Spain  has  a  more  dangerous  root.  Not 
only  the  supposed  interests,  but  the  supposed  rights  of  the  par- 
ties are  in  direct  opposition.  I  hope,  however,  that  both  par- 
ties will  ponder  the  consequences  before  they  suffer  amicable 
negociation  to  become  abortive.  The  use  of  the  Mississippi  is 
given  by  nature  to  our  Western  Country,  and  no  power  on 
Earth  can  take  it  from  them.  Whilst  we  assert  our  title  to  it, 
therefore,  with  a  becoming  firmness,  let  us  not  forget  that  we 
cannot  ultimately  be  deprived  of  it,  and  that,  for  the  present, 
war  is  more  than  all  things  to  be  deprecated.  Let  us  weigh 
well,  also,  the  object  and  the  price,  not  forgetting  that  the  At- 
lantic States,  <fec.,  <fec I  join  in  your  wish  that  we  had  a 

better  Cypher,  but  Richmond  yields  as  few  resources  for  amend- 
ing ours  as  Trenton.  I  have  not  leisure  myself,  and  can  com- 
mand the  assistance  of  no  other  person. 


[Here  the  writer  gives  the  same  detail  of  the  circumstances  which  prevented 
the  passage  of  the  Bill  respecting  British  debts  as  is  contained  in  his  letter  of  the 
following  day  to  Mr.  Jefferson.] 

It  was  unlucky  that  one  of  the  two  Bills  thus  lost  should  be 
that  which  will  be  most  likely  to  involve  our  public  character. 
Before  this  accident,  we  had  passed  the  Bill  for  opening  the 


122  WORKS    OF    MADISON.  1785. 

Potomac  and  a  similar  one  for  James  River,  together  with  a 
third,  presenting  to  Gen1  Washington  a  handsome  portion  of 
shares  in  each  of  the  companies,  and  had  taken  some  other 
measures  for  opening  the  commercial  channel  to  the  Western 
Waters.  As  I  shall  not  be  in  Richmond  to  receive  any  letters 
which  may  be  written  hereafter,  you  will  be  so  good  as  to  ad- 
dress your  future  favors  to  Orange. 
I  am,  dear  sir,  with  sincerity,  your  friend  and  servant. 


TO   THOMAS  JEFFERSON. 

RICHMOND,  January  9th,  1785. 

DEAR  SIR,  —  My  last  was  dated  in  Philadelphia,  October  17th. 
I  reached  this  place  on  the  14th  day  after  that  fixed  for  the 
meeting  of  the  Assembly,  and  was  in  time  for  the  commence- 
ment of  business.  Yesterday  put  an  end  to  the  tedious  session. 
According  to  my  promise,  I  subjoin  a  brief  review  of  its  most 
material  proceedings. 

™S  act  WaS  CarHed  throuh  the 


An  act  for  the  cstab- 

lishment  of  Courts  of  of  Delegates  against  much  secret  repug- 
nance, but  without  any  direct  and  open  op- 
position. It  luckily  happened  that  the  latent  opposition  wanted 
both  a  mouth  and  a  head.  Mr.  Henry  had  been  previously 
elected  Governor,  and  was  gone  for  his  family.  From  his  con- 
versation since,  I  surmise  that  his  presence  might  have  been 
fatal.  The  act  is  formed  precisely  on  the  English  pattern,  and 
is  nearly  a  transcript  from  the  bill  originally  penned  in  1776 
by  Mr.  Pendleton,  except  that  writs  sent  blank  from  the  Clerk 
of  General  Court  are  to  issue  in  the  district,  but  returned  to 
General  Court.  In  the  Senate  it  became  a  consideration  whether 
the  Assize  Courts  ought  not  to  be  turned  into  so  many  Courts 
of  independent  and  complete  jurisdiction,  and  admitting  an 
appeal  only  to  the  Court  of  Appeals.  If  the  fear  of  endanger- 
ing the  bill  had  not  checked  the  experiment,  such  a  proposition 
would  probably  have  been  sent  down  to  the  House  of  Delegates, 


1785.  LETTERS  123 

where  it  would  have  been  better  relished  by  many  than  the 
Assize  plan.  The  objections  made  to  the  latter  were,  that  as  it 
required  the  issues  to  be  made  up  and  the  judgments  to  be 
awarded  in  the  General  Court,  it  was  but  a  partial  relief  to 
suitors,  and  might  render  the  service  of  double  sets  of  lawyers 
necessary.  The  friends  of  the  plan  thought  these  inconveni- 
ences, as  far  as  they  were  real,  outweighed  by  the  superior 
wisdom  and  uniformity  of  decisions  incident  to  the  plan;  not  to 
mention  the  difference  in  the  frequency  of  appeals  incident  to 
the  different  plans.  In  order  to  leave  as  few  handles  as  possi- 
ble for  cavil,  the  bill  omitted  all  the  little  regulations  which 
would  follow  of  course,  and  will  therefore  need  a  supplement. 
To  give  time  for  this  provision,  as  well  as  by  way  of  collecting 
the  mind  of  the  public,  the  commencement  of  the  law  is  made 
posterior  to  the  next  session  of  assembly.  The  places  fixed  for 
the  Assize  Courts  are  Northumberland  Court  House,  Williams- 
burg,  Accomack  Court  House,  Suffolk,  Richmond,  Petersburg, 
Brunswick  Court  House,  King  and  Queen  Court  House,  Prince 
Edward  Court  House,  Bedford  Court  House,  Montgomery  and 
Washington  C*  Houses  alternately,  Staunton,  Charlottesville, 
Fredericksburg,  Dumfries,  Winchester,  and  Monongalia  Court 
House.  Besides  the  judicial  advantages  hoped  from  this  inno- 
vation, we  consider  it  as  a  means  of  reconciling  to  our  Govern- 
ment the  discontented  extremities  of  the  State. 

The  subject  of  clearing  these  great  riv- 

An  act  for  opening  °  •       «      <-i 

and  extending  the  navi-  ers  was  brought  forward  early  in  the  fees- 
gationofPotowmacriv-  gion>  under  the  auspices  of  General  Wash- 

An  act  for  do.  do.  of  ington,  who  had  written  an  interesting  pri- 
vate letter  on  it  to  Governor  Harrison, 
which  the  latter  communicated  to  the  General  Assembly.  The 
conversation  of  the  General,  during  a  visit  paid  to  Richmond 
in  the  course  of  the  Session,  still  further  impressed  the  magni- 
tude of  the  object  on  sundry  members.  Shortly  after  his  de- 
parture, a  joint  memorial  from  a  number  of  Citizens  of  Virginia 
and  Maryland,  interested  in  the  Potowrnac,  was  presented  to 
the  Assembly,  stating  the  practicability  and  importance  of  the 
work,  and  praying  for  an  act  of  incorporation,  and  grant  of 


124  WORKS    OF    MADISON. 

perpetual  toll  to  the  undertakers  of  it.  A  bill  had  been  pre- 
pared at  the  same  meeting  which  produced  the  memorial,  and 
was  transmitted  to  Richmond  at  the  same  time.  A  like  memo- 
rial and  bill  went  to  Annapolis,  where  the  Legislature  of  Mary- 
land were  sitting. 

The  Assembly  here  lent  a  ready  ear  to  the  project;  but  a  dif- 
ficulty arose  from  the  height  of  the  tolls  proposed,  the  danger 
of  destroying  the  uniformity  essential  in  the  proceedings  of  the 
two  States  by  altering  them,  and  the  scarcity  of  time  for  nego- 
ciating  with  Maryland  a  bill  satisfactory  to  both  States.  Short 
as  the  time  was,  however,  the  attempt  was  decided  on,  and  the 
negociation  committed  to  General  Washington  himself.  Gen- 
eral Gates,  who  happened  to  be  in  the  way,  and  Col.  Blackburn, 
were  associated  with  him.  The  latter  did  not  act;  the  two 
former  pushed  immediately  to  Annapolis,  where  the  sickness  of 
General  Gates  threw  the  whole  agency  on  General  Washing- 
ton. By  his  exertions,  in  concert  with  Committees  of  the  two 
branches  of  the  Legislature,  an  amendment  of  the  plan  was 
digested  in  a  few  days,  passed  through  both  houses  in  one  day, 
with  nine  dissenting  voices  only,  and  despatched  for  Richmond, 
where  it  arrived  just  in  time  for  the  close  of  the  Session.  A 
corresponding  act  was  immediately  introduced,  and  passed  with- 
out opposition. 

The  scheme  declares  that  the  subscribers  shall  be  an  incorpo- 
rated body;  that  there  shall  be  500  shares,  amounting  to  about 
220,000  dollars,  of  which  the  States  of  Virginia  and  Maryland 
are  each  to  take  50  shares;  that  the  tolls  shall  be  collected  in 
three  portions,  at  the  three  principal  falls,  and  with  the  works 
vest  as  real  estate  in  the  members  of  the  Company;  and  that  the 
works  shall  be  begun  within  one  year  and  finished  within  ten 
years,  under  the  penalty  of  entire  forfeiture. 

Previous  to  the  receipt  of  the  act  from  Annapolis,  a  bill  on 
a  different  plan  had  been  brought  in  and  proceeded  on  for 
clearing  James  River.  It  proposed  that  subscriptions  should 
be  taken  by  Trustees,  and,  under  their  management,  solemnly 
appropriated  to  the  object  in  view;  that  they  should  be  regarded 
as  a  loan  to  the  State,  should  bear  an  interest  of  10  per  cent., 


1785.  LETTERS.  125 

and  should  entitle  the  subscriber  to  the  double  of  the  principal 
remaining  undischarged  at  the  end  of  a  moderate  period;  and 
that  the  tolls  to  be  collected  should  stand  inviolably  pledged 
for  both  principal  and  interest.  It  was  thought  better  for  the 
public  to  present  this  exuberant  harvest  to  the  subscribers  than 
to  grant  them  a  perpetuity  in  the  tolls.  In  the  case  of  the 
Potowmac,  which  depended  on  another  authority  as  well  as  our 
own,  we  were  less  at  liberty  to  consider  what  would  be  best  in 
itself.  Exuberant,  however,  as  the  harvest  appeared,  it  was 
pronounced  by  good  judges  an  inadequate  bait  for  subscriptions, 
even  from  those  otherwise  interested  in  the  work,  and  on  the 
arrival  and  acceptance  of  the  Potowmac  plan,  it  was  found 
advisable  to  pass  a  similar  one  in  favor  of  James  River.  The 
circumstantial  variations  in  the  latter  are:  1.  The  sum  to  be 
aimed  at  in  the  first  instance  is  100,000  Dollars  only.  2.  The 
shares,  which  are  the  same  in  number  with  those  of  Potowmac, 
are  reduced  to  200  dollars  each,  and  the  number  of  public  shares 
raised  to  100.  3.  The  tolls  are  reduced  to  half  of  the  aggre- 
gate of  the  Potowmac  tolls.  4.  In  case  the  falls  at  this  place, 
where  alone  tolls  are  to  be  paid,  shall  be  first  opened,  the  Com- 
pany are  permitted  to  receive  the  tolls  immediately,  and  con- 
tinue to  do  so  till  the  lapse  of  ten  years,  within  which  the  whole 
river  is  to  be  made  navigable.  5.  A  right  of  pre-emption  is 
reserved  to  the  public  on  all  transfers  of  shares.  These  acts 
are  very  lengthy,  and  having  passed  in  all  the  precipitancy 
which  marks  the  concluding  stages  of  a  session,  abound,  I  fear, 
with  inaccuracies. 

In  addition  to  these  acts,  joint  resolutions  have  passed  the 
Legislatures  of  Maryland  and  Virginia  for  clearing  a  road  from 
the  head  of  the  Potowmac  navigation  to  Cheat  river,  or  if 
necessary  to  Monongalia,  and  3,3331  Dollars  are  voted  for  the 
work  by  each  State.*  Pennsylvania  is  also  to  be  applied  to  by 
the  Governors  of  the  two  States  for  leave  to  clear  a  road 
through  her  jurisdiction,  if  it  should  be  found  necessary,  from 
Potowmac  to  Yohogania;  to  which  the  Assembly  here  have 

*  Jour.,  p.  91. 


126  WORKS    OF    MADISON.  1785. 

added  a  proposition  to  unite  with  Maryland  in  representing  to 
Pennsylvania  the  advantages  which  will  accrue  to  a  part  of  her 
citizens  from  opening  the  proposed  communication  with  the  Sea, 
and  the  reasonableness  of  her  securing  to  those  who  are  to  be 
at  the  expence  the  use  of  her  waters  as  a  thoroughfare  to  and 
from  the  Country  beyond  her  limits,  free  from  all  imposts  and 
restrictions  whatever,  and  as  a  channel  of  trade  with  her  citi- 
zens, free  from  greater  imposts  than  may  be  levied  on  any  other 
channel  of  importation.*  This  Resolution  did  not  pass  till  it 
was  too  late  to  refer  it  to  General  Washington's  negociations 
with  Maryland.  It  now  makes  a  part  of  the  task  allotted  to 
the  Commissioners  who  are  to  settle  with  Maryland  the  juris- 
diction and  navigation  of  Potowmac,  below  tide  water.  By 
another  Resolution  of  this  State,  persons  are  to  be  forthwith 
appointed  by  the  Executive  to  survey  the  upper  parts  of  James 
River,  the  country  through  which  a  road  must  pass  to  the  navi- 
gable waters  of  New  River,  and  these  waters  down  to  the 
Ohio.t  I  am  told  by  a  member  of  the  Assembly,  who  seems  to 
be  well  acquainted  both  with  the  intermediate  ground  and  with 
the  western  waters  in  question,  that  a  road  of  25  or  30  miles  in 
length  will  link  these  waters  with  James  River,  and  will  strike 
a  branch  of  the  former  which  yields  a  fine  navigation,  and  falls 
into  the  main  stream  of  the  Kenhawa  below  the  only  obstruc- 
tions lying  in  this  river  down  to  the  Ohio.  If  these  be  facts, 
James  River  will  have  a  great  superiority  over  Potowmac,  the 
road  from  which  to  Cheat  river  is,  indeed,  computed  by  General 
Washington  at  20  miles  only,  but  he  thinks  the  expence  of 
making  the  latter  navigable  will  require  a  continuation  of  the 
road  to  Monongalia,  which  will  lengthen  it  to  40  miles.  The 
road  to  Yohogania  is  computed  by  the  General  at  30  miles. 

By  another  resolution,  Commissioners  are  to  be  appointed  to 
survey  the  ground  for  a  canal  between  the  waters  of  Elizabeth 
river  and  those  of  North  Carolina,  and  in  case  the  best  course 
for  such  a  canal  shall  require  the  concurrence  of  that  State,  to 
concert  a  joint  plan  and  report  the  same  to  the  next  session  of 

*  Jour.,  p.  101.  f  Wem,  p.  102. 


1785.  LETTERS.  127 

Assembly.*  Besides  the  trade  which  will  flow  through  this 
channel  from  North  Carolina  to  Norfolk,  the  large  district  of 
Virginia  watered  by  the  Roanoake  will  be  doubled  in  its  value 
by  it. 

An  act  vesting  in  G.        Tne  Treasurer  is  by  this  actf  directed 
Washington  a  certain  in-    to  subscribe  50  shares  in  the  Potowmac 

terest  m  the  Companies  j    i«/v  i  •      J.T.       T  T>-  /-, 

for  opening  James  and  and  1 00  shares  in  the  James  River  Com- 
Potowmac  rivers.  panies,  which  shall  vest  in  General  Wash- 

ington and  his  heirs.  This  mode  of  adding  some  substantial  to 
the  many  honorary  rewards  bestowed  on  him  was  deemed  least 
injurious  to  his  delicacy,  as  well  as  least  dangerous  as  a  prece- 
dent. It  was  substituted  in  place  of  a  direct  pension,  urged  on 
the  House  by  the  indiscreet  zeal  of  some  of  his  friends.  Though 
it  will  not  be  an  equivalent  succour  in  all  respects,  it  will  save 
the  General  from  subscriptions  which  would  have  oppressed  his 
finances;  and  if  the  schemes  be  executed  within  the  period  fixed, 
may  yield  a  revenue  for  some  years  before  the  term  of  his4  At 
all  events,  it  will  demonstrate  the  grateful  wishes  of  his  Country, 
and  will  promote  the  object  which  he  has  so  much  at  heart. 
The  earnestness  with  which  he  espouses  the  undertaking  is 
hardly  to  be  described,  and  shews  that  a  mind  like  his,  capable 
of  great  views,  and  which  has  long  been  occupied  with  them, 
cannot  bear  a  vacancy;  and  surely  he  could  not  have  chosen  an 
occupation  more  worthy  of  succeeding  to  that  of  establishing 
the  political  rights  of  his  Country  than  the  patronage  of  works 
for  the  extensive  and  lasting  improvement  of  its  natural  advan- 
tages; works  which  will  double  the  value  of  half  the  lands 
within  the  Commonwealth,  will  extend  its  commerce,  link  with 
its  interests  those  of  the  Western  States,  and  lessen  the  emigra- 
tion of  its  citizens  by  enhancing  the  profitableness  of  situations 
which  they  now  desert  in  search  of  better. 

An  act  to  discharge        Our  successive  postponements  had  thrown 
the  people  of  this  Com-    the  whole  tax  of  1784  on  the  year  1785. 

tnonwealth    from    one  .     .  / 

half  of  the  tax  for  the  The  remission,  therefore,  still  leaves  three 
year  1785.  halves  to  be  collected.  The  plentiful  crops 

*  Jour.,  p.  102.  t  Jour.,  p.  105-6-7.  t  Sic  in  MS. 


WORKS    OF    MADISON  1785. 

on  hand  both  of  Corn  and  Tobacco,  and  the  price  of  the  latter, 
which  is  vibrating  on  this  river  between  36s.  and  40s.,  seem 
to  enable  the  country  to  bear  the  burden.  A  few  more  plen- 
tiful years,  with  steadiness  in  our  councils,  will  put  our  credit 
on-  a  decent  footing.  The  payments  from  this  State  to  the 
Continental  treasury  between  April,  1783,  and  November, 
1784,  amount  to  £123,202  11s.  l^d.,  Virginia  currency.  The 
printed  report  herewith  inclosed  will  give  you  a  rude  idea  of 
our  finances. 

J.  Rumsey,  by  a  memorial  to  the  last 

An  act  giving  James  .  . 

Eumsey  the  exclusive    session,  represented  that  he  had  invented 


*  mechanism  by  which  a  boat  might  be 
tain  boats  for  a  limited  worked  with  little  labor,  at  the  rate  of 

from  25  to  40  miles  a  day,  against  a  stream 
running  at  the  rate  of  10  miles  an  hour,  and  prayed  that  the 
disclosure  of  his  invention  might  be  purchased  by  the  public. 
The  apparent  extravagance  of  his  pretensions  brought  a  ridi- 
cule upon  them,  and  nothing  was  done.  In  the  recess  of  the 
Assembly,  he  exemplified  his  machinery  to  General  Washington 
and  a  few  other  gentlemen,  who  gave  a  certificate  of  the  reality 
and  importance  of  the  invention,  which  opened  the  ears  of  the 
Assembly  to  a  second  memorial.  The  act  gives  a  monopoly  for 
ten  years,  reserving  a  right  to  abolish  it  at  any  time  by  paying 
XI  0,000.  The  inventor  is  soliciting  similar  acts  from  other 
States,  and  will  not,  I  suppose,  publish  the  secret  till  he  either 
obtains  or  despairs  of  them. 

This  act  authorises  the  surrender  of  a 

An  act  for  punishing        .  .  „  0  .  ...        , 

certain  offences  injuri-  citizen  to  a  foreign  Sovereign  within  whose 
Sis  Commonwealth7  °f  acknowledged  jurisdiction  the  citizen  shall 
commit  a  crime,  of  which  satisfactory  proof 
shall  be  exhibited  to  Congress,  and  for  which,  in  the  judgment 
of  Congress,  the  law  of  nations  exacts  such  surrender.  This 
measure  was  suggested  by  the  danger  of  our  being  speedily  em- 
broiled with  the  nations  contiguous  to  the  United  States,  par- 
ticularly the  Spaniards,  by  the  licentious  and  predatory  spirit 
of  some  of  our  western  people.  In  several  instances  gross  out- 
rages are  said  to  have  been  already  practiced.  The  measure 


1785.  LETTERS.  129 

was  warmly  patronized  by  Mr.  Henry  and  most  of  the  forensic 
members,  and  no  less  warmly  opposed  by  the  Speaker  and  some 
others.  The  opponents  contended  that  such  surrenders  were 
unknown  to  the  law  of  nations,  and  were  interdicted  by  our 
declaration  of  rights.  Vattel,  however,  is  express  as  to  the 
case  of  Robbers,  murderers,  and  incendiaries.  Grotius  quotes 
various  instances  in  which  great  offenders  have  been  given  up 
by  their  proper  Sovereigns  to  be  punished  by  the  offended  Sov- 
ereigns. Puffendorf  only  refers  to  Grotius.  I  have  had  no 
opportunity  of  consulting  other  authorities. 

With  regard  to  the  Bill  of  rights,  it  was  alledged  to  be  no 
more,  or,  rather,  less  violated  by  considering  crimes  committed 
against  other  laws  as  not  falling  under  the  notice  of  our  own,  and 
sending  our  citizens  to  be  tried  where  the  cause  of  trial  arose, 
than  to  try  them  under  our  own  laws  without  a  jury  of  the  vicin- 
age, and  without  being  confronted  with  their  accusers  or  wit- 
nesses; as  must  be  the  case,  if  they  be  tried  at  all  for  such  offences 
under  our  own  laws.  And  to  say  that  such  offenders  should 
neither  be  given  up  for  punishment,  nor  be  punished  within  their 
own  Country,  would  amount  to  a  licence  for  every  aggression, 
and  would  sacrifice  the  peace  of  the  whole  community  to  the 
impunity  of  the  worst  members  of  it.  The  necessity  of  a  qual- 
ified interpretation  of  the  bill  of  rights  was  also  inferred  from 
the  law  of  the  Confederacy  which  requires  the  surrender  of  our 
citizens  to  the  laws  of  other  States,  in  cases  of  treason,  felony, 
or  other  high  misdemesnors.  The  act  provides,  however,  for  a 
domestic  trial  in  cases  where  a  surrender  may  not  be  justified 
or  insisted  upon,  and  in  cases  of  aggressions  on  the  Indians. 

An  act  for  incorpora-  This  act  declares  the  Ministers  and  Ves- 
ting the  Protestant  Epis-  tries,  who  are  to  be  triennially  chosen  in 
each  parish,  a  body  corporate,  enables  them 
to  hold  property  not  exceeding  the  value  of  £800  per  annum, 
and  gives  sanction  to  a  Convention,  which  is  to  be  composed  of 
the  clergy  and  a  lay  deputy  from  each  parish,  and  is  to  regulate 
the  affairs  of  the  Church.  It  was  understood  by  the  House  of 
Delegates  that  the  Convention  was  to  consist  of  two  laymen  for 

VOL.  i.  9 


130  WORKS    OF    MADISON.  1785. 

each  clergyman,  and  an  amendment  was  received  for  that  ex- 
press purpose.  It  so  happened  that  the  insertion  of  the  amend- 
ment did  not  produce  that  effect,  and  the  mistake  was  never 
discovered  till  the  bill  had  passed  and  was  in  print.  Another 
circumstance  still  more  singular  is,  that  the  act  is  so  construed 
as  to  deprive  the  vestries  of  the  uncontrolled  right  of  electing 
Clergymen,  unless  it  be  referred  to  them  by  the  canons  of  the 
Convention,  and  that  this  usurpation  actually  escaped  the  eye 
both  of  the  friends  and  adversaries  of  the  measure,  both  parties 
taking  the  contrary  for  granted  throughout  the  whole  progress 
of  it.  The  former,  as  well  as  the  latter,  appear  now  to  be  dis- 
satisfied with  what  has  been  done,  and  will  probably  concur  in 
a  revision,  if  not  a  repeal  of  the  law.  Independently  of  these 
oversights,  the  law  is  in  various  points  of  view  exceptionable. 
But  the  necessity  of  some  sort  of  incorporation  for  the  purpose 
of  holding  and  managing  the  property  of  the  Church  could  not 
well  be  denied,  nor  a  more  harmless  modification  of  it  now  ob- 
tained. A  negative  of  the  bill,  too,  would  have  doubled  the 
eagerness  and  the  pretexts  for  a  much  greater  evil,  a  general 
Assessment,  which,  there  is  good  ground  to  believe,  was  parried 
by  this  partial  gratification  of  its  warmest  votaries. 

A  Resolution  for  a  legal  provision  for  the  "teachers  of  the 
Christian  Religion  "  had  early  in  the  session  been  proposed  by 
Mr.  Henry,  and,  in  spite  of  all  the  opposition  that  could  be 
mustered,  carried  by  47  against  32  votes.  Many  petitions  from 
below  the  blue  ridge  had  prayed  for  such  a  law;  and  though 
several  from  the  Presbyterian  laity  beyond  it  were  in  a  contrary 
stile,  the  Clergy  of  that  sect  favored  it.  The  other  sects  seemed 
to  be  passive.  The  Resolution  lay  some  weeks  before  a  bill 
was  brought  in,  and  the  bill  some  weeks  before  it  was  called 
for;  after  the  passage  of  the  incorporating  act  it  was  taken  up, 
and,  on  the  third  reading,  ordered  by  a  small  majority  to  be 
printed  for  consideration.  The  bill,  in  its  present  dress,  pro- 
poses a  tax  of  blank  per  cent,  on  all  taxable  property,  for  sup- 
port of  Teachers  of  the  Christian  Religion.  Each  person  when 
he  pays  his  tax  is  to  name  the  society  to  which  he  dedicates  it, 


1785.  LETTERS.  131 

and  in  case  of  refusal  to  do  so,  the  tax  is  to  be  applied  to  the 
maintenance  of  a  school  in  the  County.  As  the  bill  stood  for 
some  time,  the  application  in  such  cases  was  to  be  made  by  the 
Legislature  to  pious  uses.  In  a  committee  of  the  whole  it  was 
determined,  by  a  majority  of  7  or  8,  that  the  word  "  Christian" 
should  be  exchanged  for  the  word  "  Religious."  On  the  report 
to  the  House,  the  pathetic  zeal  of  the  late  Governor  Harrison 
gained  a  like  majority  for  reinstating  discrimination.  Should 
the  bill  pass  into  a  law  in  its  present  form,  it  may  and  will  be 
easily  eluded.  It  is  chiefly  obnoxious  on  account  of  its  dishon- 
orable principle  and  dangerous  tendency. 

The  subject  of  the  British  debts  underwent  a  reconsideration 
on  the  motion  of  Mr.  Jones.  Though  no  answer  had  been  re- 
ceived from  Congress  to  the  Resolutions  passed  at  the  last  ses- 
sion, a  material  change  had  evidently  taken  place  in  the  mind 
of  the  Assembly,  proceeding  in  part  from  a  more  dispassionate 
view  of  the  question,  in  part  from  the  intervening  exchange  of 
the  ratifications  of  the  Treaty.  Mr.  Henry  was  out  of  the  way. 
His  previous  conversation,  I  have  been  told,  favored  the  recon- 
sideration; the  Speaker,  the  other  champion  at  the  last  session 
against  the  Treaty,  was  at  least  half  a  proselyte.  The  propo- 
sition rejected  interest  during  the  period  of  blank,  and  left  the 
periods  of  payment  blank.  In  this  form  it  was  received  with 
little  opposition,  and  by  a  very  great  majority.  After  much 
discussion  and  several  nice  divisions,  the  first  blank  was  filled 
up  with  the  period  between  the  19  of  April,  1775,  and  the  3d 
of  March,  1783,  the  commencement  and  cessation  of  hostilities; 
and  the  second,  with  seven  annual  payments.  Whilst  the  bill 
was  depending,  some  proceedings  of  the  Glasgow  Merchants 
were  submitted  to  the  House  of  Delegates,  in  which  they  signi- 
fied their  readiness  to  receive  their  debts  in  four  annual  pay- 
ments, with  immediate  security  and  summary  recoveries  at  the 
successive  periods,  and  were  silent  as  to  the  point  of  interest. 
Shortly  after  were  presented  memorials  from  the  Merchants  of 
this  Town  and  Petersburg,  representing  the  advantage  which  a 
compliance  with  the  Glasgow  overtures  would  give  the  foreign 
over  the  domestic  creditors.  Very  little  attention  seemed  to  be 


132  WORKS    OF    MADISON.  1785. 

paid  by  the  House  to  the  overtures,  tho',  as  the  Treaty  was  not 
to  be  literally  pursued,  the  shadow  of  assent  from  the  other 
party  was  worthy  of  being  attended  to.  In  the  Senate,  the  bill 
met  with  a  diversity  of  opinions.  By  a  majority  of  one  voice 
only  an  attempt  to  put  all  our  domestic  debts  on  the  same  foot- 
ing with  British  debts  was  lost.  Whether  this  was  sincere,  or 
a  side  blow  at  the  bill,  I  am  unable  to  say.  An  attempt  was 
next  made  to  put  on  the  same  footing  all  those  who  left  this 
Country  and  joined  the  other  side,  or  who  remained  within  the 
British  territories  for  one  year  at  any  time  since  the  19th  April, 
1775,  or  who  refused  a  tender  of  paper  money  before  January, 
1779.  These  discriminations  were  almost  unanimously  disagreed 
to  by  the  House  of  Delegates.  The  Senate  insisted.  The  former 
proposed  a  conference.  The  Senate  concurred.  The  Conference 
produced  a  proposition  from  the  House  of  Delegates,  to  which 
the  Senate  assented;  but  before  the  assent  was  notified,  an  inci- 
dent happened  which  has  left  the  bill  in  a  very  singular  situa- 
tion. 

The  delays  attending  this  measure  had  spun  it  out  to  the  day 
preceding  the  one  prefixed  for  a  final  adjournment.  Several 
of  the  members  went  over  to  Manchester  in  the  evening,  with 
an  intention,  it  is  to  be  presumed,  of  returning  the  next  morn- 
ing. The  severity  of  the  night  rendered  their  passage  back  the 
next  morning  impossible.  Without  them  there  was  no  house. 
The  impatience  of  the  members  was  such  as  might  be  supposed. 
Some  were  for  stigmatizing  the  absentees  and  adjourning.  The 
rest  were  some  for  one  thing,  some  for  another.  At  length  it 
was  agreed  to  wait  until  the  next  day.  The  next  day  presented 
the  same  obstructions  in  the  river.  A  canoe  was  sent  over  for 
enquiry  by  the  Manchester  party,  but  they  did  not  chuse  to 
venture  themselves.  The  impatience  increased;  warm  resolu- 
tions were  agitated.  They  ended,  however,  in  an  agreement  to 
wait  one  day  more.  On  the  morning  of  the  third  day  the  pros- 
pect remained  the  same.  Patience  could  hold  out  no  longer, 
and  an  adjournment  to  the  last  day  of  March  ensued.  The 
question  to  be  decided  is,  whether  a  bill  which  has  passed  the 
House  of  Delegates,  and  been  assented  to  by  the  Senate,  but 


1785.  LETTERS.  133 

not  sent  down  to  the  House  of  Delegates,  nor  enrolled,  nor  ex- 
amined, nor  signed  by  the  two  Speakers,  and  consequently  not 
of  record,  is  or  is  not  a  law?  A  bill  for  the  better  regulation 
of  the  customs  is  in  the  same  situation. 

After  the  passage  of  the  Bill  for  British  debts  through  the 
House  of  Delegates,  a  bill  was  introduced  for  liquidating  the 
depreciated  payments  into  the  Treasury,  and  making  the  debtors 
liable  for  the  deficiency.  A  foresight  of  this  consequential  step 
had  shewn  itself  in  every  stage  of  the  first  bill.  It  was  opposed 
by  Governor  Harrison  principally,  and  laid  asleep  by  the  refu- 
sal of  interested  members  to  vote  on  the  question,  and  the  want 
of  a  quorum  without  them. 

Among  the  abortive  measures  may  be  mentioned,  also,  a  prop- 
osition to  authorise  the  collection  of  the  impost  by  Congress  as 
soon  as  the  concurrence  of  twelve  States  should  be  obtained. 
Connecticut  had  set  the  example  in  this  project.  The  proposi- 
tion was  made  by  the  Speaker,  and  supported  by  the  late  Gov- 
ernor. It  was  disagreed  to  by  a  very  large  majority  on  the 
following  grounds:  1.  The  appearance  of  a  schism  in  the  Con- 
federacy which  it  would  present  to  foreign  eyes.  2.  Its  ten- 
dency to  combinations  of  smaller  majorities  of  the  States.  3. 
The  channel  it  would  open  for  smuggling;  goods  imported  into 
Rhode  Island  in  such  case  might  not  only  be  spread  by  land 
through  the  adjacent  States,  but  if  slipped  into  any  neighbour- 
ing port,  might  thence  be  carried,  duty-free,  to  any  part  of  the 
associated  States.  4.  The  greater  improbability  of  a  union  of 
twelve  States  on  such  new  ground  than  of  the  conversion  of 
Rhode  Island  to  the  old  one.  5.  The  want  of  harmony  among 
the  other  States  which  would  be  betrayed  by  the  miscarriage 
of  such  an  experiment,  and  the  fresh  triumph  and  obstinacy 
which  Rhode  Island  would  derive  from  it. 

The  French  vice  Consul  in  this  State  has  complained  to  the 
Assembly  that  the  want  of  legal  power  over  our  Sheriffs,  Goal- 
ers,  and  prisons,  both  renders  his  decrees  nugatory,  and  ex- 
poses his  person  to  insults  from  dissatisfied  litigants.  The  As- 
sembly have  taken  no  step  whatever  on  the  subject,  being  at  a 
loss  to  know  what  ought  to  be  done,  in  compliance  either  with 


134:  WORKS    OF    MADISON.  1785. 

general  usage  or  that  of  France  in  particular.  I  have  often 
wondered  that  the  proposed  Convention  between  France  and 
the  United  States  for  regulating  the  consular  functions  has 
never  been  executed.  The  delay  may  prove  unfriendly  both  to 
their  mutual  harmony  and  their  commerce. 

Mr.  Henry  was  elected  successor  to  Mr.  Harrison  without 
competition  or  opposition.  The  victims  to  the  article  requiring 
a  triennial  removal  of  two  counsellors  were  Merriwether  Smith 
and  General  Christian.  Young  Mr.  Roane  and  Mr.  Miles  Sel- 
den  take  their  places.  Mr.  Short's  place  is  filled  by  Mr.  Joseph 
Jones. 

Nothing  has  passed  during  the  session  concerning  an  amend- 
ment of  the  State  Constitution.  The  friends  of  the  undertaking 
seem  to  be  multiplying  rather  than  decreasing.  Several  Peti- 
tions from  the  Western  side  of  the  Blue  ridge  appeared  in  favor 
of  it,  as  did  some  from  the  Western  side  of  the  Alleghany  pray- 
ing for  a  separate  Government.  The  latter  may  be  considered 
all  of  them  as  the  children  of  Arthur  Campbell's  ambition.  The 
Assize  Courts  and  the  opening  of  our  rivers  are  the  best  answers 
to  them. 

The  Revisal  has  but  just  issued  from  the  press.  It  consists 
of  near  100  folio  pages  in  a  small  type.  I  shall  send  you  six 
copies  by  the  first  opportunity.  =£500  was  voted  at  the  Spring 
Session  to  each  of  the  acting  members  of  the  Committee,  but  no 
fund  having  been  provided  for  payment,  no  use  could  be  made 
of  the  warrants.  I  drew  yours,  however,  and  carried  them  up 
to  Orange,  where  they  now  lye.  A  vote  of  this  Session  has  pro- 
vided a  fund  which  gives  them  immediate  value.  As  soon  as  I 
get  home  I  shall  send  the  dead  warrants  to  Mr.  Nich"  Lewis, 
who  may  exchange  them  for  others,  and  draw  the  money  from 
the  Treasury. 


1785.  LETTERS.  135 


TO  EDMUND   RANDOLPH. 

ORANGE,  March  10th,  1785. 

MY  DEAR  SIR, — Your  favor  of  the  12th  ult.  came  safe  to 
hand  through  the  conveyance  of  Capt.  Barber,  together  with 
the  several  articles  inclosed.  The  letter  from  Mr.  Jefferson 
speaks  of  the  state  of  things  on  the  llth  of  November  on  the 
other  side  of  the  Atlantic  as  follows:  "The  lamp  of  war  is 
kindled  here,  not  to  be  extinguished  but  by  torrents  of  blood. 
The  firing  of  the  Dutch  on  an  Imperial  vessel  going  down  the 
Scheld  has  been  followed  by  the  departure  of  the  Imperial  Min- 
ister from  the  Hague  without  taking  leave.  Troops  are  in  mo- 
tion on  both  sides  towards  the  Scheld,  but  probably  nothing 
will  be  done  till  the  Spring.  This  Court  has  been  very  silent 
as  to  the  part  they  will  act.  Yet  their  late  Treaty  with  Hol- 
land, as  well  as  a  certainty  that  Holland  would  not  have  pro- 
ceeded so  far  without  assurance  of  aid,  furnish  sufficient  ground 
to  conclude  they  will  side  actively  with  the  Republic.  The 
King  of  Prussia,  it  is  believed,  will  do  the  same.  He  has 
patched  up  his  little  disputes  with  Holland  and  Dantzic.  The 
prospect  is,  that  Holland,  France,  Prussia,  and  the  Porte,  will 
be  engaged  against  the  two  Imperial  Courts.  England,  I  think, 
will  remain  neutral.  Their  hostility  has  attained  an  incredible 
height.  Notwithstanding  this,  they  expect  to  keep  our  trade 
and  cabotage  to  themselves  by  the  virtue  of  their  proclamation. 
They  have  no  idea  that  we  can  so  far  act  in  concert  as  to  estab- 
lish retaliating  measures.  Their  Irish  affairs  will  puzzle  them 
extremely.  Should  things  get  into  confusion  there,  perhaps  they 
will  be  more  disposed  to  wish  a  friendly  connection  with  us. 
The  Congress  which  met  on  the  25th  of  October  consisted  of 
deputies  from  8  Counties  only.  They  came  to  resolutions  on 
the  reform  of  Parliament  and  adjourned  to  the  20th  of  January, 
recommending  to  the  other  Counties  to  send  deputies  then." 

I  learn  from  an  intelligent  person  lately  from  Kentucky,  that 
the  Convention  there  produced  nothing  but  a  statement  of  griev- 
ances and  a  claim  of  redress.  The  topic  of  independence  was 
not  regularly  brought  forward  at  all,  and  scarcely  agitated 


136  WORKS    OF    MADISON.  1785. 

without  doors.  It  is  supposed  that  the  late  extension  of  the 
tax  on  patents,  which;  as  it  stood  before,  is  on  the  list  of  griev- 
ances, will  turn  the  scale  in  favor  of  that  measure. 


TO  MAEQUIS  FAYETTE. 

ORAXGE,  March  20th,  1785. 

MY  DEAR  SIR, — Your  favour  of  the  15th,  continued  on  the 
17th  of  December,  came  very  slowly,  but  finally  safe  to  hand. 
The  warm  expressions  of  regard  which  it  contains  are  extremely 
flattering  to  me;  and  the  more  so  as  they  so  entirely  correspond 
with  my  own  wishes  for  everything  which  may  enter  into  your 
happiness. 

You  have  not  erred  in  supposing  me  out  of  the  number  of 
those  who  have  relaxed  their  anxiety  concerning  the  navigation 
of  the  Mississippi.  If  there  be  any  who  really  look  on  the  use 
of  that  river  as  an  object  not  to  be  sought  or  desired  by  the 
United  States,  I  cannot  but  think  they  frame  their  policy  on 
both  very  narrow  and  very  delusive  foundations.  It  is  true,  if 
the  States  which  are  to  be  established  on  the  waters  of  the  Mis- 
sissippi were  to  be  viewed  in  the  same  relation  to  the  Atlantic 
States  as  exists  between  the  heterogeneous  and  hostile  Societies 
of  Europe,  it  might  not  appear  strange  that  a  distinction,  or 
even  an  opposition  of  interests,  should  be  set  up.  But  is  it 
true  that  they  can  be  viewed  in  such  a  relation?  Will  the  set- 
tlements which  are  beginning  to  take  place  on  the  branches  of 
the  Mississippi  be  so  many  distinct  societies,  or  only  an  expan- 
sion of  the  same  society  ?  So  many  new  bodies,  or  merely  the 
growth  of  the  old  one  ?  Will  they  consist  of  a  hostile  or  a  for- 
eign people,  or  will  they  not  be  bone  of  our  bone  and  flesh  of 
our  flesh  ?  Besides  the  confederal  band  within  which  they  will 
be  comprehended,  how  much  will  the  connection  be  strength- 
ened by  the  ties  of  friendship,  of  marriage,  and  consanguinity  ? 
ties  which,  it  may  be  remarked,  will  be  even  more  numerous 
between  the  ultramontane  and  the  Atlantic  States  than  between 


1785.        .  LETTERS.  137 

any  two  of  the  latter.  But  viewing  this  subject  through  the 
medium  least  favorable  to  my  ideas,  it  still  presents  to  the 
United  States  sufficient  inducements  to  insist  on  the  navigation 
of  the  Mississippi.  Upon  this  navigation  depends  essentially 
the  value  of  that  vast  field  of  territory  which  is  to  be  sold  for 
the  benefit  of  the  common  Treasury;  and  upon  the  value  of  this 
territory,  when  settled,  will  depend  the  portion  of  the  public 
burdens  of  which  the  old  States  will  be  relieved  by  the  new. 
Add  to  this  the  stake  which  a  considerable  proportion  of  those 
who  remain  in  the  old  States  will  acquire  in  the  new  by  adven- 
tures in  land,  either  on  their  own  immediate  account  or  that  of 
their  descendants. 

Nature  has  given  the  use  of  the  Mississippi  to  those  who  may 
settle  on  its  waters,  as  she  gave  to  the  United  States  their 
independence.  The  impolicy  of  Spain  may  retard  the  former, 
as  that  of  Great  Britain  did  the  latter.  But  as  Great  Britain 
could  not  defeat  the  latter,  neither  will  Spain  the  former.  Na- 
ture seems  on  all  sides  to  be  reasserting  those  rights  which  have 
so  long  been  trampled  on  by  tyranny  and  bigotry.  Philosophy 
and  Commerce  are  the  auxiliaries  to  whom  she  is  indebted  for 
her  triumphs.  Will  it  be  presumptuous  to  say,  that  those  na- 
tions will  shew  most  wisdom,  as  well  as  acquire  most  glory, 
who,  instead  of  forcing  her  current  into  artificial  channels,  en- 
deavour to  ascertain  its  tendency  and  to  anticipate  its  effects? 
If  the  United  States  were  to  become  parties  to  the  occlusion  of 
the  Mississippi,  they  would  be  guilty  of  treason  against  the 
very  laws  under  which  they  obtained  and  hold  their  national 
existence. 

The  repugnance  of  Spain  to  an  amicable  regulation  of  the 
use  of  the  Mississippi  is  the  natural  offspring  of  a  system  which 
everybody  but  herself  has  long  seen  to  be  as  destructive  to  her 
interest  as  it  is  dishonorable  to  her  character.  An  extensive 
desert  seems  to  have  greater  charms  in  her  eye  than  a  flourish- 
ing but  limited  empire;  nay,  than  an  extensive,  flourishing  em- 
pire. Humanity  cannot  suppress  the  wish  that  some  of  those 
gifts  which  she  abuses  were  placed  by  just  means  in  hands  that 
would  turn  them  to  a  wiser  account.  What  a  metamorphosis 


138  WORKS    OF    MADISON.  1785. 

would  the  liberal  policy  of  France  work  in  a  little  time  on  the 
Island  of  New  Orleans?  It  would  to  her  be  a  fund  of  as  much 
real  wealth  as  Potosi  has  been  of  imaginary  wealth  to  Spain. 
It  would  become  the  Grand  Cairo  of  the  new  World. 

The  folly  of  Spain  is  not  less  displayed  in  the  means  she  em- 
ploys than  in  the  ends  she  prefers.  She  is  afraid  of  the  growth 
and  neighbourhood  of  the  United  States,  because  it  may  endan- 
ger the  tranquility  of  her  American  possessions;  and  to  obviate 
this  danger  she  proposes  to  shut  up  the  Mississippi.  If  her 
prudence  bore  any  proportion  to  her  jealousy,  she  would  see 
that  if  the  experiment  were  to  succeed  it  would  only  double 
the  power  of  the  United  States  to  disturb  her,  at  the  same  time 
that  it  provoked  a  disposition  to  exert  it;  she  would  see  that 
the  only  offensive  weapon  which  can  render  the  United  States 
truly  formidable  to  her  is  a  navy,  and  that  if  she  could  keep  their 
inhabitants  from  crossing  the  Appalachian  ridge,  she  would  only 
drive  to  the  Sea  most  of  those  swarms  which  would  otherwise 
direct  their  course  to  the  Western  Wilderness.  She  should  re- 
flect, too,  that  as  it  is  impossible  for  her  to  destroy  the  power 
which  she  dreads,  she  ought  only  to  consult  the  means  of  pre- 
venting a  future  exertion  of  it.  What  are  those  means?  Two, 
and  two  only.  The  first  is  a  speedy  concurrence  in  such  a 
treaty  with  the  United  States  as  will  produce  a  harmony,  and 
remove  all  pretexts  for  interrupting  it.  The  second,  which 
would  in  fact  result  from  the  first,  consists  in  favouring  the  ex- 
tension of  their  settlements.  As  these  become  extended,  the 
members  of  the  Confederacy  must  be  multiplied,  and  along  with 
them  the  wills  which  are  to  direct  the  machine.  And  as  the 
wills  multiply,  so  will  the  chances  against  a  dangerous  union 
of  them.  We  experience  every  day  the  difficulty  of  drawing 
thirteen  States  into  the  same  plans.  Let  the  number  be  doubled, 
and  so  will  the  difficulty.  In  the  multitude  of  our  Counsellors, 
Spain  may  be  told,  lies  her  safety. 

If  the  temper  of  Spain  be  unfriendly  to  the  views  of  the  Uni- 
ted States,  they  may  certainly  calculate  on  the  favorable  senti- 
ments of  the  other  powers  of  Europe,  at  least  of  all  such  of  them 
as  favored  our  Independence.  The  chief  advantages  expected 


1785.  LETTERS.  w         139 

in  Europe  from  that  event  center  in  the  revolution  it  was  to 
produce  in  the  commerce  between  the  new  and  the  old  World. 
The  commerce  of  the  United  States  is  advantageous  to  Europe 
in  two  respects:  first,  by  the  unmanufactured  produce  which 
they  export;  secondly,  by  the  manufactured  imports  which  they 
consume.  Shut  up  the  Mississippi  and  discourage  the  settle- 
ments on  its  waters,  and  what  will  be  the  consequence?  First,  a 
greater  quantity  of  subsistence  must  be  raised  within  the  ancient 
settlements,  the  culture  of  tobacco,  indigo,  and  other  articles  for 
exportation,  be  proportionably  diminished,  and  their  price  pro- 
portionably  raised  on  the  European  consumer.  Secondly,  the 
hands  without  land  at  home  being  discouraged  from  seeking  it 
where  alone  it  could  be  found,  must  be  turned  in  a  great  degree 
to  manufacturing,  our  imports  proportionably  diminished,  and  a 
proportional  loss  fall  on  the  European  manufacturer.  Establish 
the  freedom  of  the  Mississippi,  and  let  our  emigrations  have  free 
course,  and  how  favorably  for  Europe  will  the  consequence  be 
reversed?  First,  the  culture  of  every  article  for  exportation 
will  be  extended,  and  the  price  reduced  in  favor  of  her  con- 
sumers. Secondly,  our  people  will  increase  without  an  increase 
of  our  manufacturers,  and  in  the  same  proportion  will  be  in- 
creased the  employment  and  profit  of  hers. 

These  consequences  would  affect  France,  in  common  with  the 
other  commercial  nations  of  Europe;  but  there  are  additional 
motives  which  promise  the  United  States  her  friendly  wishes  and 
offices.  Not  to  dwell  on  the  philanthropy  which  reigns  in  the 
heart  of  her  Monarch,  and  which  has  already  adorned  his  head 
with  a  crown  of  laurels,  he  cannot  be  inattentive  to  the  situa- 
tion into  which  a  controversy  between  his  antient  and  new 
allies  would  throw  him,  nor  to  the  use  which  would  be  made 
of  it  by  his  watchful  adversary.  Will  not  all  his  councils,  then, 
be  employed  to  prevent  this  controversy;  will  it  not  be  seen,  as 
the  pretensions  of  the  parties  directly  interfere,  it  can  be  pre- 
vented only  by  a  dissuasive  interposition  on  one  side  or  the 
other;  that  on  the  side  of  the  United  States  such  an  interposi- 
tion must,  from  the  nature  of  things,  be  unavailing;  or  if  their 
pretensions  for  a  moment  be  lulled,  they  would  but  awake  with 


]40  WORKS    OF    MADISON.  1785- 

fresh  energy,  and,  consequently,  that  the  mediating  influence  of 
France  ought  to  be  turned  wholly  on  the  side  of  Spain  ?  The 
influence  of  the  French  Court  over  that  of  Spain  is  known  to 
be  great.  In  America  it  is  supposed  to  be  greater  than  per- 
haps it  really  is.  The  same  may  be  said  of  the  intimacy  of  the 
Union  between  the  two  nations.  If  this  influence  should  not 
be  exerted^  this  intimacy  may  appear  to  be  the  cause.  The 
United  States  consider  Spain  as  the  only  favorite  of  their  Ally 
of  whom  they  have  ground  to  be  jealous;  and  whilst  France 
continues  to  hold  the  first  place  in  their  affections,  they  must  at 
least  be  mortified  at  any  appearance  that  the  predilection  may 
not  be  reciprocal. 

The  Mississippi  has  drawn  me  into  such  length,  that  I  fear 
you  will  have  little  patience  left  for  anything  else.  I  will  spare 
it  as  much  as  possible.  I  hear  nothing  from  Congress  except 
that  Mr.  Jay  has  accepted  his  appointment,  and  that  no  successor 
has  yet  been  chosen  to  Doctor  Franklin.  Our  Legislature  made 
a  decent  provision  for  remittances  due  for  1785  from  Virginia 
to  the  Treasury  of  the  United  States,  and  very  extensive  pro- 
vision for  opening  our  inland  navigation.  They  have  passed 
an  act  vesting  in  General  Washington  a  considerable  interest 
in  each  of  the  works  on  James  River  and  Potowmac,  but  with 
an  honorary  rather  than  lucrative  aspect.  Whether  he  will 
accept  it  or  not  I  cannot  say.  I  meant  to  have  sent  you  a  copy 
of  the  Act,  but  have  been  disappointed  in  getting  one  from  Rich- 
mond. They  also  passed  an  act  for  reforming  our  juridical 
System,  which  promises  salutary  effects;  and  did  not  pass  the 
act  for  the  corrupting  our  Religious  system.  Whether  they 
passed  an  act  for  paying  British  debts  or  not  they  do  not  know 
themselves.  Before  the  bill  for  that  purpose  had  got  through 
the  last  usual  forms,  the  want  of  members  broke  up  the  House. 
It  remains,  therefore,  in  a  situation  which  has  no  precedent,  and 
without  a  precedent  lawyers  and  legislators  are  as  much  at  a 
loss  as  a  mariner  without  his  compass. 

The  subjects  in  which  you  interested  yourself  were  all  re- 
ferred to  the  Executive  with  power  to  do,  what  I  hope  they 
will  do  better  than  the  Assembly.  I  understood  before  I  left 


1785.  LETTERS.  141 

Richmond  that  you  would  receive  officially  from  the  Governor 
a  copy  of  the  Resolutions  which  I  sent  you.  I  received  a  letter 
a  few  days  ago  from  Mr.  Mercer,  written  in  the  bosom  of  wed- 
lock at  Mr.  Sprigg's;  another  at  the  same  time  from  Monroe, 
who  was  well  at  New  York.  I  have  nothing  to  say  of  myself 
but  that  I  have  exchanged  Richmond  for  Orange,  as  you  will 
have  seen  by  the  above  date;  that  I  enjoy  a  satisfactory  share 
of  health;  that  I  spend  the  chief  of  my  time  in  reading,  and  the 
chief  of  my  reading,  on  Law;  that  I  shall  hear  with  the  great- 
est pleasure  of  your  being  far  better  employed;  and  that  I  am, 
with  most  affectionate  esteem,  your  obt  friend  and  serv*. 


TO  JAMES  MONROE. 

OKANOE,  March  21st,  1785. 

DEAR  SIR—  ********** 
I  do  not  wonder  at  the  paragraph  which  you  have  copied  from 
Mr.  Jay's  letter  to  Congress.  His  feelings  are  such  as  every 
one  must  possess  who  is  worthy  of  the  station  which  he  holds. 
If  the  Office  of  foreign  affairs  be  a  proper  one,  and  properly 
filled,  a  reference  of  all  foreign  despatches  to  it  in  the  first  in- 
stance is  so  obvious  a  course,  that  any  other  disposition  of  them 
by  Congress  seems  to  condemn  their  own  establishment,  to  af- 
front the  Minister  in  office,  and  to  put  on  him  a  label  of  caution 
against  that  respect  and  confidence  of  the  Ministers  of  foreign 
powers  which  are  essential  to  his  usefulness.  I  have  always 
conceived  the  several  ministerial  departments  of  Congress  to 
be  provisions  for  aiding  their  counsels  as  well  as  executing 
their  resolutions,  and  that  consequently,  whilst  they  retain  the 
right  of  rejecting  the  advice  which  may  come  from  either  of 
them,  they  ought  not  to  renounce  the  opportunity  of  making  use 
of  it.  The  foreign  department  is,  I  am  sensible,  in  several  re- 
spects the  most  difficult  to  be  regulated,  but  I  cannot  think  the 
question  arising  on  Mr.  Jay's  letter  is  to  be  numbered  among 
the  difficulties.  The  practice  of  Congress  during  the  adminis- 


142  WORKS    OF    MADISON.  1785. 

tration  of  his  predecessor  was  never  fixed,  and  frequently  im- 
proper, and  I  always  suspected  that  his  indifference  to  the  place 
resulted,  in  part  at  least,  from  the  mortifications  to  which  this 
unsteadiness  subjected  him. 

You  will  not  be  disappointed  at  the  barrenness  which  is  hence 
to  mark  the  correspondence  on  my  part.  In  the  recess  of  the 
Legislature  few  occurrences  happen  which  can  be  interesting, 
and,  in  my  retired  situation,  few  even  of  these  fall  within  my 
knowledge.  The  situation  of  Mr.  Jones  will  probably  make 
his  correspondence  a  more  productive  one.  He  has  probably 
already  mentioned  to  you  the  advances  which  Kentucky  was 
said  to  be  making  towards  an  independent  Government.  It  is 
certain  that  a  Convention  has  been  held,  which  might  have  been 
set  on  foot  with  an  eye  to  such  an  event;  but  I  learn  from  an 
intelligent  person  lately  from  that  district,  that  its  deliberations 
turned  altogether  on  the  pressure  of  certain  acts  of  the  General 
Assembly,  and  terminated  in  a  vote  of  application  for  redress. 
He  supposes,  however,  that  the  late  extension  of  the  tax  on 
patents  will  give  a  successful  handle  to  those  who  wish  to  accel- 
erate a  separation.  This  tax  as  it  stood  before  was  in  the  first 
class  of  their  grievances. 

You  will,  I  expect,  receive  this  from  the  hands  of  Mr.  Burn- 
ley, a  young  gentleman  of  my  neighborhood,  who  has  passed 
with  reputation  thro'  Mr.  Wythe's  School,  and  has  since  taken 
out  his  forensic  diploma.  Your  civilities  to  him  will  be  well 
placed,  and  will  confer  an  obligation  on  me.  If  Col.  Gray  son 
has  recovered  from  the  gout,  which,  I  hear,  arrested  him  in  the 
moment  of  his  intended  departure,  and  is  with  you,  be  so  kind 
as  to  make  my  best  respects  to  him. 

1  am,  dear  sir,  with  sincere  regard  and  esteem,  your  obedient 
friend  and  serv. 


1785.  LETTERS.  143 


TO  JAMES  MONROE. 

ORANGE,  April  12th,  1785. 

DEAR  SIB,—        *       *       *       *       *       *       * 

The  appointment  of  Mr.  Adams  to  the  Court  of  Great  Britain 
is  a  circumstance  which  does  not  contradict  my  expectations; 
nor  can  I  say  that  it  displeases  me.  Upon  Geographical  con- 
siderations New  England  will  always  have  one  of  the  principal 
appointments,  and  I  know  of  no  individual  from  that  quarter 
who  possesses  more  of  their  confidence,  or  would  possess  more 
of  that  of  the  other  States;  nor  do  I  think  him  so  well  fitted 
for  any  Court  of  equal  rank  as  that  of  London.  I  hope  it  has 
removed  all  obstacles  to  the  establishment  of  Mr.  Jefferson  at 
the  Court  of  France.' 

Will  not  Congress  soon  take  up  the  subject  of  Consular 'ar- 
rangements? I  should  suppose  them  at  least  of  equal  moment 
at  present  with  some  of  the  higher  appointments  which  are  likely 
to  occupy  them.  Our  friend  Mr.  Maury  is  waiting,  with  a  very 
inconvenient  suspension  of  his  other  plans,  the  event  of  the  offer 
he  has  made  of  his  services.  I  find  he  considers  Ireland  as  the 
station  next  to  be  desired  after  that  of  England.  He  conceives, 
and  I  believe  very  justly,  that  the  commercial  intercourse  be- 
tween that  Country  and  this  will  be  very  considerable,  and 
merits  our  particular  cultivation. 

I  suppose,  from  your  silence  on  the  subject,  that  the  Western 
posts  are  still  in  the  hands  of  Great  Britain.  Has  the  subject 
of  the  vacant  lands  to  be  disposed  of  been  revived?  What 
other  measures  are  on  foot  or  in  comtemplation  for  paying  off 
the  public  debts  ?  What  payments  have  been  made  of  late  into 
the  public  Treasury?  It  is  said  here  that  Massachusetts  is 
taking  measures  for  urging  Rhode  Island  into  the  Impost,  or 
rendering  the  Scheme  practicable  without  her  concurrence.  Is 
it  so? 

How  many  of  the  States  have  agreed  to  change  the  8th  Article 
of  the  Confederation?  The  Legislature  of  this  State  passed  a 
law  for  complying  with  the  provisional  Act  of  Congress  for 
executing  that  article  as  it  now  stands;  the  operation  of  which 


WORKS    OF    MADISON. 

confirms  the  necessity  of  changing  the  article.  The  law  re- 
quires, as  the  Act  of  Congress  does  among  other  things,  a  list 
of  the  Houses.  If  the  list  does  not  discriminate  the  several 
kinds  of  Houses,  how  can  Congress  collect  from  it  the  value  of 
the  improvements,  how  do  justice  to  all  their  constituents? 
And  how  can  a  discrimination  be  made  in  this  country,  where 
the  variety  is  so  infinite  and  so  unsusceptible  of  description? 
If  Congress  govern  themselves  by  number  alone,  this  Country 
will  certainly  appeal  to  a  more  accurate  mode  of  carrying  the 
present  rule  of  the  confederation  into  practice.  The  average 
value  of  the  improvements  in  Virginia  is  not  one-fourth,  perhaps 
not  one-tenth,  of  that  of  the  improvements  in  Pennsylvania  or 
New  England.  Compare  this  difference  with  the  proportion 
between  the  value  of  improvements  and  that  of  the  soil,  and 
what. an  immense  loss  shall  we  be  taxed  with?  The  number  of 
buildings  will  not  be  a  less  unjust  rule  than  the  number  of  acres 
for  estimating  the  respective  abilities  of  the  States. 

The  only  proceeding  of  the  late  Session  of  Assembly  which 
makes  a  noise  through  the  Country  is  that  which  relates  to  a 
General  Assessment.  The  Episcopal  people  are  generally  for 
it,  though  I  think  the  zeal  of  some  of  them  has  cooled.  The 
laity  of  the  other  sects  are  equally  unanimous  on  the  other  side. 
So  are  all  the  Clergy,  except  the  Presbyterian,  who  seem  as 
ready  to  set  up  an  establishment  which  is  to  take  them  in  as 
they  were  to  pull  down  that  which  shut  them  out.  I  do  not 
know  a  more  shameful  contrast  than  might  be  found  between 
their  memorials  on  the  latter  and  former  occasion. 

In  one  of  your  letters  received  before  I  left  Richmond  you 
expressed  a  wish  for  a  better  cypher.  Since  my  return  to 
Orange  I  have  been  able  to  get  one  made  out,  which  will  answer 
every  purpose.  I  will  either  enclose  it  herewith  or  send  it  by 
the  gentleman  who  is  already  charged  with  a  letter  for  you.  I 
wish  much  to  throw  our  correspondence  into  a  more  regular 
course.  I  would  write  regularly  every  week  if  I  had  a  regular 
conveyance  to  Fredericksburg.  As  it  is,  I  will  write  as  often 
as  I  can  find  conveyances.  The  business  of  this  neighborhood 
which  used  to  go  to  Fredericksburg  is  in  a  great  measure 


1785.  LETTERS.  145 

turned  towards  Richmond,  which  is  too  circuitous  a  channel. 
Opportunities  in  every  direction,  however,  will  be  henceforward 
multiplied  by  the  advance  of  the  season.  If  you  are  not  afraid 
of  too  much  loading  the  mail,  I  could  wish  you  to  enclose  in 
your  letters  the  last  N.  Y.  or  Philadelphia  paper. 
I  am,  dear  Sir,  yours  most  sincerely. 


TO  THOMAS  JEFFERSON. 

ORANGE,  April  27th,  1785. 

DEAR  SIR, — I  have  received  your  two  favors  of  Novr  llth 
and  December  8th.  Along  with  the  former  I  received  the  two 
pamphlets  on  animal  magnetism  and  the  last  aeronautic  expe- 
dition, together  with  the  phosphoretic  matches.  These  articles 
were  a  great  treat  to  my  curiosity.  As  I  had  left  Richmond 
before  they  were  brought  thither  by  Col.  Le  Maire,  I  had  no 
opportunity  of  attending  myself  to  your  wishes  with  regard  to 
him;  but  I  wrote  immediately  to  Mr.  Jones,  and  desired  him  to 
watch  over  the  necessities  of  Le  Maire.  He  wrote  me  for  an- 
swer that  the  Executive,  though  without  regular  proof  of  his 
claims,  were  so  well  satisfied  from  circumstances  of  the  justice 
of  them,  that  they  had  voted  him  XI 50  for  his  relief  'till  the 
Assembly  could  take  the  whole  into  consideration.  This  infor- 
mation has  made  me  easy  on  the  subject,  though  I  have  not 
withdrawn  from  the  hands  of  Mr.  Jones  the  provisional  re- 
source. •• 

I  thank  you  much  for  your  attention  to  my  literary  wants. 
All  the  purchases  you  have  made  for  me  are  such  as  I  should 
have  made  for  myself  with  the  same  opportunities.  You  will 
oblige  me  by  adding  to  them  the  Dictionary,  in  13  vol.,  4°,  by 
Felice  and  others.  Also,  de  Thou,  in  French.  If  the  utility  of 
Moreri  be  not  superseded  by  some  better  work,  I  should  be  glad 
to  have  him,  too.  I  am  afraid,  if  I  were  to  attempt  a  catalogue 
of  my  wants,  I  should  not  only  trouble  you  beyond  measure,  but 

VOL.  i.  10 


146  WORKS    OF    MADISON.  1785. 

exceed  the  limits  which  other  considerations  ought  to  prescribe 
to  me.  I  cannot,  however,  abridge  the  commission  you  were 
so  kind  as  to  take  on  yourself  in  a  former  letter,  of  procuring 
me  from  time  to  time  such  books  as  may  be  either  "old  and 
curious,  or  new  and  useful."  Under  this  description  will  fall 
those  particularized  in  my  former  letters,  to  wit :  Treatises  on 
the  ancient  or  modern  Federal  Republics,  on  the  Law  of  Na- 
tions, and  the  History,  natural  and  political,  of  the  new  World; 
to  which  I  will  add  such  of  the  Greek  and  Roman  authors, 
where  they  can  be  got  very  cheap,  as  are  worth  having,  and 
are  not  on  the  common  list  of  school  classics.  Other  books 
which  particularly  occur  are  the  translation  (French)  of  the 
historians  of  the  Roman  Empire  during  its  decline,  by  —  — ; 
Pascal's  provincial  letters;  Don  Ulloa  in  the  original;  Lin- 
naeus' best  edition;  Ordonnauces  Marines;  Collection  of  Tracts 
in  French  on  the  economies  of  different  nations,  I  forget  the  full 
title.  It  is  much  referred  to  by  Smith  on  the  Wealth  of  Nations. 
I  am  told  a  Monsr  Amelot  has  lately  published  his  travels  into 
China,  which,  if  they  have  any  merit,  must  be  very  entertaining. 
Of  Buffon,  I  have  his  original  work  of  31  vols.,  10  vols.  of  sup- 
plement, and  16  vols.  on  birds.  I  shall  be  glad  of  the  contin- 
uation as  it  may  from  time  to  time  be  published. 

I  am  so  pleased  with  the  new  invented  lamp  that  I  shall  not 
grudge  two  guineas  for  one  of  them.  I  have  seen  a  pocket 
compass  of  somewhat  larger  diameter  than  a  watch,  and  which 
may  be  carried  in  the  same  way.  It  has  a  spring  for  stopping 
the  vibration  of  the  needle  when  not  in  use.  One  of  these  would 
be  very  convenient  in  case  of  a  ramble  into  the  Western  coun- 
try. In  my  walks  for  exercise  or  amusement  objects  frequently 
present  themselves  which  it  might  be  matter  of  curiosity  to  in- 
spect, but  which  it  is  difficult  or  impossible  to  approach.  A 
portable  glass  would  consequently  be  a  source  of  many  little 
gratifications.  I  have  fancied  that  such  an  one  might  be  fitted 
into  a  case  without  making  it  too  heavy.  On  the  outside  of 
the  tube  might  be  engraved  a  scale  of  inches,  &c.  If  such  a 
project  could  be  executed  for  a  few  guineas,  I  should  be  willing 


1785.  LETTERS.  147 

to  submit  to  the  price;  if  not,  the  best  substitute,  I  suppose, 
will  be  a  pocket  telescope,  composed  of  several  tubes  so  con- 
structed as  to  slide  the  lesser  into  the  greater. 

I  should  feel  great  remorse  at  troubling  you  with  so  many 
requests  if  your  kind  and  repeated  offers  did  not  stifle  it  in 
some  measure.  Your  proposal  for  my  replacing  here  advances 
for  me  without  regard  to  the  exchange  is  liable  to  no  objec- 
tion, except  that  it  will  probably  be  too  unequal  in  my  favour. 
I  beg  that  you  will  enable  me  as  much  as  you  can  to  keep  these 
little  matters  balanced. 

The  papers  from  Le  Grand  were  sent,  as  soon  as  I  got  them, 
to  Mr.  Jones,  with  a  request  that  he  would  make  the  use  of 
them  which  you  wished  me  to  do. 

Your  remarks  on  the  tax  on  transfers  of  land  in  a  general 
view  appear  to  me  to  be  just,  but  there  were  two  circumstances 
which  gave  a  peculiarity  to  the  case  in  which  our  law  adopted 
it.  One  was,  that  the  tax  will  fall  much  on  those  who  are  eva- 
ding their  quotas  of  other  taxes  by  removing  to  Georgia  and 
Kentucky;  the  other,  that  as  such  transfers  are  more  frequent 
among  those  who  do  not  remove  in  the  Western  than  the  East- 
ern part  of  the  Country,  it  will  fall  heaviest  where  direct  taxes 
are  least  collected.  With  regard  to  the  tax  in  general  on  law 
proceedings,  it  cannot,  perhaps,  be  justified,  if  tried  by  the  strict 
rule  which  proportions  the  quota  of  every  man  to  his  ability; 
time,  however,  will  gradually  in  some  measure  equalize  it,  and 
if  it  be  applied  to  the  support  of  the  Judiciary  establishment, 
as  was  the  ultimate  view  of  the  periods  of  the  tax,  it  seems  to 
square  very  well  with  the  Theory  of  taxation. 

The  people  of  Kentucky  had  lately  a  Convention,  which  it 
was  expected  would  be  the  mother  of  a  separation.  I  am  in- 
formed they  proceeded  no  farther  than  to  concert  an  address  to 
the  Legislature  on  some  points  in  which  they  think  the  laws 
bear  unequally  upon  them.  They  will  be  ripe  for  that  event,  at 
least  as  soon  as  their  interest  calls  for  it.  There  is  no  danger 
of  a  concert  between  them  and  the  Counties  West  of  the  Al- 
leghany,  which  we  mean  to  retain.  If  the  latter  embark  in 
a  scheme  for  independence,  it  will  be  on  their  own  bottom. 


148  WORKS    OF    MADISON.  1785. 

They  are  more  disunited  in  every  respect  from  Kentucky  than 
from  Virginia. 

I  have  not  learnt  with  certainty  whether  General  Washing- 
ton will  accept  or  decline  the  shares  voted  him  by  the  Assembly 
in  the  companies  for  opening  our  rivers.  If  he  does  not  chuse 
to  take  to  himself  any  benefit  from  the  donation,  he  has,  I  think, 
a  fine  opportunity  at  once  of  testifying  his  disinterested  pur- 
poses, of  shewing  his  respect  for  the  Assembly,  and  of  render- 
ing a  service  to  his  Country.  He  may  accept  the  gift  so  far  as 
to  apply  it  to  the  scheme  of  opening  the  rivers,  and  may  then 
appropriate  the  revenue  which  it  is  hereafter  to  produce  to  some 
patriotic  establishment.  I  lately  dropped  a  hint  of  this  sort  to 
one  of  his  friends,  and  was  told  that  such  an  idea  had  been  sug- 
gested to  him.  The  private  subscriptions  for  Potowmac,  I  hear, 
amount  to  XI 0,000  Sterling.  I  cannot  discover  that  those  for 
James  River  deserve  mention,  or  that  the  undertaking  is  pushed 
with  any  spirit.  If  those  who  are  most  interested  in  it  let  slip 
the  present  opportunity,  their  folly  will  probably  be  severely 
punished  for  the  want  of  such  another.  It  is  said  the  under- 
taking on  the  Susquehannah  by  Maryland  goes  on  with  great 
spirit  and  expectations.  I  have  heard  nothing  of  Rumsey  or 
his  boats  since  he  went  into  the  Northern  States.  If  his  ma- 
chinery for  stemming  the  current  operates  on  the  water  alone, 
as  is  given  out,  may  it  not  supply  the  great  desideratum  for 
perfecting  the  balloons? 

I  understand  that  Chase  and  Jenifer  on  the  part  of  Maryland, 
Mason  and  Henderson  on  the  part  of  Virginia,  have  had  a  meet- 
ing on  the  proposition  of  Virginia  for  settling  the  navigation 
and  jurisdiction  of  Potowmac  below  the  falls,  and  have  agreed 
to  report  to  the  two  Assemblies  the  establishment  of  a  concur- 
rent jurisdiction  on  that  river  and  Chesapeake.  The  most  am- 
icable spirit  is  said  to  have  governed  the  negotiation. 

The  Bill  for  a  general  Assessment  has  produced  some  fer- 
mentation below  the  mountains,  and  a  violent  one  beyond  them. 
The  contest  at  the  next  session  on  this  question  will  be  a  warm 
and  precarious  one.  The  port  bill  will  also  undergo  a  fiery 
trial.  I  wish  the  Assize  Courts  may  not  partake  of  the  dan- 


1785.  LETTERS.  149 

ger.  The  elections,  as  far  as  they  have  come  to  my  knowledge, 
are  likely  to  produce  a  great  proportion  of  new  members.  In 
Albemarle,  young  Mr.  Fry  has  turned  out  Mr.  Carter.  The  late 
Governor  Harrison,  I  hear,  has  been  baffled  in  his  own  county, 
but  meant  to  be  a  Candidate  in  Surry,  and  in  case  of  a  rebuff 
there,  to  throw  another  die  for  the  borough  of  Norfolk.  I  do 
not  know  how  he  construes  the  doctrine  of  residence.  It  is 
surmised  that  the  machinations  of  Tyler,  who  fears  a  rivalship 
for  the  Chair,  are  at  the  bottom  of  his  difficulties.  Arthur  Lee 
is  elected  in  Prince  William.  He  is  said  to  have  paved  the  way 
by  promises  to  overset  the  port  bill,  which  is  obnoxious  to  Dum- 
fries, and  to  prevent  the  removal  of  the  Assize  Court  from  this 
town  to  Alexandria. 

I  received  a  letter  from  the  Marquis  Fayette,  dated  on  the 
eve  of  his  embarcation,  which  has  the  following  paragraph:  "  I 
have  much  conferred  with  the  General  upon  the  Potowmac  sys- 
tem. Many  people  think  the  navigation  of  the  Mississippi  is 
not  an  advantage,  but  it  may  be  the  excess  of  a  very  good  thing, 
viz:  the  opening  of  your  rivers.  I  fancy  it  has  not  changed 
your  opinion,  but  beg  you  will  write  me  on  the  subject;  in  the 
meanwhile  I  hope  Congress  will  act  coolly  and  prudently  by 
Spain,  who  is  such  a  fool  that  allowances  must  be  made."  It 
is  unlucky  that  he  should  have  left  America  with  such  an  idea 
as  to  the  Mississippi.  It  may  be  of  the  worst  consequence,  as 
it  is  not  wholly  imaginary,  the  prospect  of  extending  the  Com- 
merce of  the  Atlantic  States  to  the  Western  waters  having 
given  birth  to  it.  I  cannot  believe  that  many  minds  are  tainted 
with  so  illiberal  and  short-sighted  a  policy.  I  have  thought  it 
not  amiss  to  write  the  Marquis  according  to  the  request  of  his 
letter,  and  have  stated  to  him  the  motives  and  obligations  which 
must  render  the  United  States  inflexible  on  the  subject  of  the 
Mississippi,  the  folly  of  Spain  in  contesting  it,  and  our  expec- 
tations from  the  known  influence  of  France  over  Spain,  and  her 
friendly  dispositions  toward  the  United  States.  It  is  but  jus- 
tice to  the  Marquis  to  observe  that,  in  all  our  conversations  on 
the  Mississippi,  he  expressed  with  every  mark  of  sincerity  a  zeal 
for  our  claims  and  a  pointed  dislike  to  the  National  Character 


150  WORKS    OF    MADISON.  1785. 

and  policy  of  Spain;  and  that  if  his  zeal  should  be  found  to 
abate,  I  should  construe  it  to  be  the  effect  of  a  supposed  revolu- 
tion in  the  sentiments  of  America. 

This  would  have  been  of  somewhat  earlier  date,  but  I 
postponed  it  that  I  might  be  able  to  include  some  information 
relative  to  your  Nephews.  My  last  informed  you  that  your 
eldest  was  then  with  Mr.  Maury.  I  was  so  assured  by  Mr. 
Underwood,  from  his  neighborhood,  who  I  supposed  could  not 
be  mistaken;  I  afterwards  discovered  that  he  was  so,  but  could 
get  no  precise  information  'till  within  a  few  days.  One  of  my 
brothers  being  called  into  that  part  of  country  by  business,  I 
wrote  to  Mrs.  Carr,  and  got  him  to  wait  on  her.  The  answer 
with  which  I  have  been  favored  imports  that  "  her  eldest  son 
was  taken  last  fall  with  a  fever,  which,  with  repeated  relapses, 
kept  him  extremely  weak  and  low  'till  about  the  1st  of  January, 
from  which  time  he  was  detained  at  home  by  delays  in  equip- 
ping him  for  Williamsburg  'till  the  1st  of  April,  when  he  set 
out  with  promises  to  make  up  his  lost  time;  that  her  youngest 
son  had  also  been  detained  at  home  by  ill  health  till  very  lately, 
but  that  he  would  certainly  go  to  the  academy  as  soon  as  a  va- 
cation on  hand  was  over;  that  his  time  had  not  been  entirely 
lost,  as  his  brother  was  capable  of  instructing  him  whenever  his 
health  would  admit."  Mr.  Maury's  school  is  said  to  be  very 
flourishing.  Mr.  Wythe  and  the  other  gentlemen  of  the  Univer- 
sity have  examined  it  from  time  to  time,  and  published  their 
approbation  of  its  management.  I  cannot  speak  with  the  same 
authority  as  to  the  Academy  in  Prince  Edward.  The  informa- 
tion which  I  have  received  has  been  favorable  to  it.  In  the 
recommendation  of  these  seminaries  I  was  much  governed  by 
the  probable  permanency  of  them;  nothing  being  more  ruinous 
to  education  than  the  frequent  interruptions  and  change  of 
masters  and  methods  incident  to  the  private  schools  of  this 
country. 

Our  winter  has  been  full  of  vicissitudes,  but,  on  the  whole,  far 
from  being  a  severe  one.  The  spring  has  been  uncommonly  cold 
and  wet,  and  vegetation,  of  course,  very  backward,  till  within  a 
few  days,  during  which  it  has  been  accelerated  by  very  uncom- 


1785.  LETTERS.  151 

mon  heat.  A  pocket  thermometer  which  stands  on  the  second 
floor  and  the  N.  W.  side  of  the  house  was,  on  the  24th  inst.,  at 
4  o'clock,  at  77°;  on  the  25th,  at  78;  on  the  26th,  at  81£;  to-day, 
the  27th,  at  82.  The  weather  during  this  period  has  been  fair, 
and  the  wind  S;  the  atmosphere  thick  N.  W.;  our  wheat  in  the 
ground  is  very  unpromising  throughout  the  country.  The  price 
of  that  article  on  tide-water  is  about  6s.  Corn  sells  in  this  part 
of  the  country  at  10s.  and  under;  below,  at  15s.;  and  where  the 
insect  prevailed,  as  high  as  20s.  It  is  said  to  have  been  raised 
by  a  demand  for  exportation.  Tobacco  is  selling  on  Rappahan- 
nock  at  32s.,  and  Richmond  at  37s.  Gd.  It  is  generally  ex- 
pected that  it  will  at  least  get  up  to  40s.  Some  of  our  peaches 
are  killed,  and  most  of  our  cherries ;  our  apples  are  as  yet  safe. 
I  cannot  say  how  it  is  with  the  fruit  in  other  parts  of  the  coun- 
try. The  mischief  to  the  cherries,  &c.,  was  done  on  the  night 
of  the  20th,  when  we  had  a  severe  black  frost. 

I  cannot  take  my  leave  of  you  without  making  my  acknowl- 
edgements for  the  very  friendly  invitation  contained  in  your 
last.  If  I  should  ever  visit  Europe,  I  should  wish  to  do  it  less 
stinted  in  time  than  your  plan  proposes.  This  crisis,  too,  would 
be  particularly  inconvenient,  as  it  would  break  in  upon  a 
course  of  reading  which,  if  I  neglect  now,  I  shall  probably  never 
resume.  I  have  some  reason,  also,  to  suspect  that  crossing  the 
sea  would  be  unfriendly  to  a  singular  disease  of  my  constitu- 
tion. The  other  part  of  your  invitation  has  the  strongest  bias 
of  my  mind  on  its  side,  but  my  situation  is  as  yet  too  dependent 
on  circumstances  to  permit  my  embracing  it  absolutely.  It 
gives  me  great  satisfaction  to  find  that  you  are  looking  forward 
to  the  moment  which  is  to  restore  you  to  your  native  country, 
though  considerations  of  a  public  nature  check  my  wishes  that 
such  an  event  may  be  expedited. 

Present  my  best  respects  to  Mr.  Short  and  Miss  Patsy,  and 
accept  of  the  affectionate  regards  of,  Dear  Sir,  your  sincere 
friend. 

What  has  become  of  the  subterraneous  city  discovered  in 
Siberia? 


152  WORKS    OF    MADISON. 

Deaths: — Thompson  Mason,  Bartholomew  Dandridge,  Ryland 
Randolph,  Joseph  Reed  of  Philadel*. 


TO   JAMES  MONROE. 

ORANGE,  April  28th,  1785. 

DEAR  SIR, — I  have  written  several  letters  within  a  little  time 
past,  which  were  sent  to  you  partly  by  the  post,  partly  by  Mr. 
Burnley,  a  young  gentleman  of  this  county.  In  one  of  the  let- 
ters I  enclosed  a  cypher,  which  will  serve  all  the  purposes  of 
our  future  correspondence.  This  covers  a  letter  from  Mr.  Jef- 
ferson, which  you  will  be  so  good  as  to  forward  by  the  first 
packet  or  other  equally  eligible  conveyance.  Our  elections,  as 
far  as  I  hear,  are  likely  to  produce  a  great  proportion  of  new 
members.  In  some  counties  they  are  influenced  by  the  Bill  for 
a  general  assessment.  In  Culpeper,  Mr.  Pendleton,  a  worthy 
man,  and  acceptable  in  his  general  character  to  the  people,  was 
laid  aside  in  consequence  of  his  vote  for  the  Bill,  in  favor  of  an 
adversary  to  it.  The  delegates  from  Albemarle  are  your  friend 
Mr.  W.  C.  Nicholas  and  Mr.  Fry.  Mr.  Carter  stood  a  poll,  but 
fell  into  the  rear.  The  late  Governor  Harrison,  I  am  told,  has 
been  baffled  in  his  own  County,  meant  to  be  a  candidate  for 
Surry,  and  in  case  of  a  rebuff  there  to  throw  another  die  for 
the  Borough  of  Norfolk.  I  do  not  know  how  he  proposes  to 
satisfy  the  doctrine  of  residence. 

I  hear  frequent  complaints  of  the  disorders  of  our  coin,  and 
the  want  of  uniformity  in  the  denominations  of  the  States.  Do 
not  Congress  think  of  a  remedy  for  these  evils?  The  regula- 
tion of  weights  and  measure  seem  also  to  call  for  their  atten- 
tion. Every  day  will  add  to  the  difficulty  of  executing  these 
works.  If  a  mint  be  not  established  and  a  recoinage  effected 
while  the  federal  debts  carry  the  money  through  the  hands  of 
Congress,  I  question  much  whether  their  limited  powers  will 
ever  be  able  to  render  this  branch  of  their  prerogative  effectual. 
With  regard  to  the  regulation  of  weights  and  measures,  would 
it  not  be  highly  expedient,  as  well  as  honorable  to  the  federal 


1785.  v      LETTERS.  153 

administration,  to  pursue  the  hint  which  has  been  suggested  by 
ingenious  and  philosophical  men,  to  wit:  that  the  standard  of 
measure  should  be  first  fixed  by  the  length  of  a  pendulum  vibra- 
ting seconds  at  the  Equator  or  any  given  latitude;  and  that  the 
standard  of  weights  should  be  a  cubical  piece  of  gold,  or  other 
homogeneous  body,  of  dimensions  fixed  by  the  standard  of 
measure?  Such  a  scheme  appears  to  be  easily  reducible  to  prac- 
tice; and  as  it  is  founded  on  the  division  of  time,  which  is  the 
same  at  all  times  and  in  all  places,  and  proceeds  on  other  data 
which  are  equally  so,  it  would  not  only  secure  a  perpetual  uni- 
formity throughout  the  United  States,  but  might  lead  to  univer- 
sal standards  in  these  matters  among  nations.  Next  to  the  in- 
conveniency  of  speaking  different  languages,  is  that  of  using 
different  and  arbitrary  weights  and  measures. 
I  am,  dear  sir,  your  affectionate  friend. 


TO  JAMES  MONROE. 

ORANGE,  May  29th,  1785. 

DEAR  SIR, — Your  favor  of  May  —  came  to  hand  a  few  days 
ago.  It  is  fortunate  that  the  variant  ideas  have  been  so  easily 
accommodated  touching  the  mode  of  surveying  and  selling  the 
territorial  fund.  It  will  be  equally  so,  I  think,  if  you  can  dis- 
possess the  British  of  the  Western  posts  before  the  land  office 
is  opened.  On  this  event  and  the  navigation  of  the  Mississippi 
will  much  depend  the  fiscal  importance  of  the  back  country  to 
the  United  States.  The  amount  of  the  proposed  requisition 
will,  I  fear,  startle  those  to  whom  it  will  be  addressed.  The 
use  of  certificates  as  a  medium  for  discharging  the  interest  of 
the  home  debt  is  a  great  evil,  though  I  suppose  a  necessary 
one.  The  advantage  it  gives  to  Sharpers  and  Collectors  can 
scarcely  be  described,  and  what  is  more  noxious,  it  provokes 
violations  of  public  faith  more  than  the  weight  of  the  Burden 
itself.  The  1,000,000  dollars  to  be  paid  in  specie,  and  the 
greatest  part  of  it  to  be  sent  abroad,  will  equally  try  the  virtue 


154  WORKS    OF    MADISON. 

of  the  States.  If  they  do  not  flinch,  however,  they  will  have 
the  satisfaction  of  coming  out  of  the  trial  with  more  honor, 
though  with  less  money. 

I  have  lately  heard  that  the  Kentucky  Delegates  will  be  in- 
structed to  propose  to  the  next  session  the  separation  of  that 
Country  from  this,  and  its  being  handed  over  to  Congress  for 
admission  into  the  Confederacy.  If  they  pursue  their  object 
through  this  channel,  they  will  not  only  accomplish  it  without 
difficulty,  but  set  a  useful  example  to  other  "Western  settlements 
which  may  chuse  to  be  lopped  off  from  other  States.  My  in- 
formation as  to  this  matter  is  not  authentic,  but  such  as  I  am 
inclined  to  believe  true.  I  hear,  also,  that  a  State  is  actually 
set  up  in  the  back  country  of  North  Carolina,  that  it  is  organ- 
ized, named,  and  has  deputed  representatives  to  Congress. 

It  gives  me  much  pleasure  to  observe  by  2  printed  reports 
sent  me  by  Col.  Grayson,  that,  in  the  latter,  Congress  had  ex- 
punged a  clause  contained  in  the  first,  for  setting  apart  a  dis- 
trict of  land  in  each  Township  for  supporting  the  Religion  of 
the  majority  of  inhabitants.  How  a  regulation  so  unjust  in 
itself,  so  foreign  to  the  authority  of  Congress,  so  hurtful  to  the 
sale  of  the  public  land,  and  smelling  so  strongly  of  an  anti- 
quated Bigotry,  could  have  received  the  countenance  of  a  Com- 
mittee, is  truly  matter  of  astonishment.  In  one  view  it  might 
have  been  no  disadvantage  to  this  State,  in  case  the  General 
Assessment  should  take  place,  as  it  would  have  given  a  repel- 
lent quality  to  the  new  Country  in  the  estimation  of  those  whom 
our  own  encroachments  on  Religious  liberty  would  be  calcu- 
lated to  banish  to  it.  But  the  adversaries  to  the  assessment 
begin  to  think  the  prospect  here  flattering  to  their  wishes.  The 
printed  bill  has  excited  great  discussion,  and  is  likely  to  prove 
the  sense  of  the  community  to  be  in  favor  of  the  liberty  now 
enjoyed.  I  have  heard  of  several  Counties  where  the  late  rep- 
resentatives have  been  laid  aside  for  voting  for  the  Bill,  and 
not  of  a  single  one  where  the  reverse  has  happened.  The  Pres- 
byterian Clergy,  too,  who  were  in  general  friends  to  the  scheme, 
are  already  in  another  tone,  either  compelled  by  the  laity  of 
that  sect,  or  alarmed  at  the  probability  of  further  interferences 


1785.  LETTERS.  155 

of  the  Legislature  if  they  once  begin  to  dictate  in  matters  of 
Religion. 
I  am,  dear  sir,  your's  affectionately. 


TO  JAMES   MONEOE. 

ORANGE,  21  Jane,  1785. 

DEAR  SIR, — Finding  from  a  letter  of  Mr.  Mazzei  that  you 
have  never  been  furnished  with  a  copy  of  the  Bill  for  establish- 
ing the  Christian  Religion  in  this  State,  I  now  inclose  one, 
regretting  that  I  had  taken  it  for  granted  that  you  must  have 
been  supplied  through  some  other  channel.  A  very  warm  op- 
position will  -be  made  to  this  innovation  by  the  people  of  the 
middle  and  back  Counties,  particularly  the  latter.  They  do 
not  scruple  to  declare  it  an  alarming  usurpation  on  their  fun- 
damental rights,  and  that  though  the  General  Assembly  should 
give  it  the  form,  they  will  not  give  it  the  validity  of  a  law.  If 
there  be  any  limitation  to  the  power  of  the  Legislature,  partic- 
ularly if  this  limitation  is  to  be  sought  in  our  Declaration  of 
Rights  or  form  of  Government,  I  own  the  Bill  appears  to  me  to 
warrant  this  language  of  the  people. 

.  A  gentleman  of  credit  lately  from  Kentucky  tells  me  that  he 
fell  in  with  two  persons  on  the  Ohio,  who  were  going  down  the 
River  in  the  character  of  Commissioners  from  Georgia,  author- 
ized to  demand  from  the  Spanish  Governor  of  New  Orleans  the 
posts  within  the  limits  of  that  State,  and  a  settlement  of  the 
boundary  in  general  between  it  and  the  Spanish  possessions. 
The  Gentleman  did  not  see  their  Commission,  but  entertains  no 
doubt  of  their  having  one.  He  was  informed  that  two  others 
were  joined  in  it,  who  had  taken  a  different  route.  Should 
there  be  no  mistake  in  this  case,  you  will  no  doubt  be  able  to 
get  a  full  account  of  the  Embassy.  I  would  willingly  suppose 
that  no  State  could  be  guilty  either  of  so  flagrant  an  outrage 
on  the  federal  Constitution,  or  of  so  imprudent  a  mode  of  pur- 
suing their  claims  against  a  foreign  nation. 


156  WORKS    OF    MADISON.  1785. 

I  observe  in  a  late  Newspaper  that  the  commercial  discon- 
tents of  Boston  are  spreading  to  New  York  and  Philadelphia. 
Whether  they  will  reach  Virginia  or  not,  I  am  unable  to  say. 
If  they  should,  they  must  proceed  from  a  different  interest;  from 
that  of  the  planters,  not  that  of  the  Merchants.  The  present 
system  here  is  as  favorable  to  the  latter  as  it  is  ruinous  to  the 
former.  Our  trade  was  never  more  compleatly  monopolized  by 
Great  Britain,  when  it  was  under  the  direction  of  the  British 
Parliament,  than  it  is  at  this  moment.  But  as  our  Merchants 
are  almost  all  connected  with  that  Country,  and  that  only,  and 
as  we  have  neither  ships  nor  seamen  of  our  own,  nor  likely  to 
have  any  in  the  present  course  of  things,  no  mercantile  com- 
plaints are  heard.  The  planters  are  dissatisfied,  and  with  rea 
son;  but  they  enter  little  into  the  science  of  commerce,  and 
rarely  of  themselves  combine  in  defence  of  their  interests.  If 
any  thing  could  rouse  them  to  a  proper  view  of  their  situation, 
one  might  expect  it  from  the  contrast  of  the  market  here  with 
that  of  other  States.  Our  staple  has  of  late  been  as  low  as  a 
guinea  per  hundred  on  Rappahannock,  and  not  above  32  or  33 
Shillings  on  James  River.  The  current  prices  in  Philadelphia 
during  the  same  period  have  been  44  shillings  of  this  currency 
for  tobacco  of  the  latter  inspections,  and  in  like  proportion  for 
that  of  the  former. 

The  prices  of  imports  of  every  kind  in  those  two  markets 
furnish  a  contrast  equally  mortifying  to  us.  I  have  not  had  the 
same  information  from  other  States  northward  of  us,  but  I  have 
little  doubt  that  it  would  teach  us  the  same  lesson.  Our  planters 
cannot  suffer  a  loss  of  less  than  fifty  per  cent,  on  the  staple  of 
the  country,  if  to  the  direct  loss  in  the  price  of  the  staple  be 
added  their  indirect  loss  in  the  price  of  what  they  purchase 
with  their  staple.  It  is  difficult,  notwithstanding,  to  make  them 
sensible  of  the  utility  of  establishing  a  Philadelphia  or*  a  Bal- 
timore among  ourselves,  as  one  indispensable  step  towards  re- 
lief; and  the  difficulty  is  not  a  little  increased  by  the  pains 
taken  by  the  merchants  to  prevent  such  a  reformation,  and  by 

*  By  concentrating  our  commerce  at  Alexandria  and  Norfolk,  the  object  of 
the  port  Bill. 


1785.  LETTERS.  157 

the  opposition  arising  from  local  views.  I  have  been  told  that 
Arthur  Lee  paved  the  way  to  his  election  in  Prince  William  by 
promising  that,  among  other  things,  he  would  overset  the  Port 
bill.  Mr.  Jefferson  writes  me  that  the  Port  Bill  has  been  pub- 
lished in  all  the  Gazettes  in  Europe,  with  the  highest  approba- 
tion every  where  except  in  Great  Britain.  It  would  indeed  be 
as  surprising  if  she  should  be  in  favor  of  it,  as  it  is  that  any 
among  ourselves  should  be  against  it.  I  see  no  possibility  of 
engaging  other  nations  in  a  rivalship  with  her  without  some 
such  regulation  of  our  commerce. 


TO  R.   H.   LEE. 

ORANGE,  July  7th,  1785. 

DEAR  SIR, — Your  favour  of  the  30th  of  May  came  to  hand 
yesterday  only,  having  lain  some  time  in  Fredericksburg,  and 
finally  came  to  Orange,  via  Albemarle. 

I  agree  perfectly  with  you  in  thinking  it  the  interest  of  this 
country  to  embrace  the  first  decent  opportunity  of  parting  with 
Kentucky,  and  to  refuse  with  firmness  to  part  with  any  more 
of  our  settlements  beyond  the  Alleghany.  It  seems  necessary, 
however,  that  this  first  instance  of  a  voluntary  dismemberment 
of  a  State  should  be  conducted  in  such  a  manner  as  to  form  a 
salutary  precedent.  As  it  is  an  event  which  will  indirectly 
affect  the  whole  Confederacy,  Congress  ought  clearly  to  be 
made  a  party  to  it,  either  immediately,  or  by  a  proviso  that  the 
partition  act  shall  not  take  effect  till  the  actual  admission  of 
the  new  State  into  the  Union.  No  interval  whatever  should  be 
suffered  between  the  release  of  our  hold  on  that  Country  and 
its  taking  on  itself  the  obligations  of  a  member  of  the  federal 
body.  Should  it  be  made  a  separate  State  without  this  precau- 
tion, it  might  possibly  be  tempted  to  remain  so,  as  well  with 
regard  to  the  U.  S.  as  to  Virginia,  by  two  considerations:  1. 
The  evasion  of  its  share  of  the  general  debt.  2.  The  allure- 
ment which  an  exemption  from  taxes  would  prove  to  the  citizens 
of  States  groaning  under  them.  It  is  very  possible  that  such  a 


158  WORKS    OF    MADISON.  1735. 

policy  might  in  the  end  prove  a  disadvantageous  one,  but  the 
charms  of  ambition,  and,  at  present,  interest,  too,  often  prevail 
against  the  cool  remonstrances  of  true  policy.  May  we  not, 
also,  with  justice,  require  that  a  reasonable  portion  of  the  par- 
ticular debt  of  Virginia  should  be  assumed  by  that  part  of  Vir- 
ginia which  is  to  set  up  for  itself? 

The  arrival  of  Mr.  Gardoqui  will  turn  out,  I  hope,  an  auspi- 
cious step  towards  conciliating  explanations  and  overtures  with 
regard  to  the  Mississippi.  Besides  the  general  motives  for  ex- 
pediting an  adjustment  of  this  matter,  the  prodigious  effect  of 
it  on  the  sale  of  the  back  lands  makes  it  of  peculiar  importance. 
The  same  consideration  presses  for  such  arrangements  with  G. 
B.  as  will  give  us  speedy  possession  of  the  Western  posts.  As 
to  the  commercial  arrangements  which  we  wish  from  her,  I  own 
my  expectations  are  far  from  being  sanguine.  In  fact,  what 
could  she  get  from  us  by  concessions,  which  she  is  unwilling  to 
make,  which  she  does  not  now  enjoy? 

I  cannot  speak  with  certainty  as  to  all  the  States,  but  sure  I 
am  that  the  trade  of  this  was  never  more  completely  monopo- 
lized by  her  when  it  was  under  the  direction  of  her  own  laws 
than  it  is  at  this  moment.  Our  present  situation,  therefore, 
precisely  verifies  the  doctrine  held  out  in  Deane's  intercepted 
letters.  The  revolution  has  robbed  us  of  our  trade  with  the 
"West  Indies,  the  only  one  which  yielded  us  a  favorable  balance, 
without  opening  any  other  channels  to  compensate  for  it.  What 
makes  the  British  monopoly  the  more  mortifying,  is  the  abuse 
which  they  make  of  it.  Not  only  the  private  planters,  who 
have  resumed  the  practice  of  shipping  their  own  Tobacco,  but 
many  of  the  merchants,  particularly  the  natives  of  the  country, 
who  have  no  connections  with  G.  B.,  have  received  accts  of  sales 
this  season,  which  carry  the  most  visible  and  shameful  frauds 
in  every  article. 

In  every  point  of  view,  indeed,  the  trade  of  this  country  is  in 
a  deplorable  condition.  A  comparison  of  current  prices  here 
with  those  in  the  Northern  States,  either  at  this  time  or  at  any 
time  since  the  peace,  will  shew  that  the  loss  direct  on  our  pro- 
duce, and  indirect  on  our  imports,  is  not  less  than  fifty  per  cent. 


1785.  LETTERS.  159 

Till  very  lately  the  price  of  our  staple  has  been  down  at  32  and 
33s  :>n  James  River;  at  28s.  on  Rappahannock.  During  the 
same  period,  the  former  was  selling  in  Philadelphia,  and  I  sup- 
pose in  other  Northern  ports,  at  44s.  of  this  currency,  and  the 
latter  in  proportion;  though  it  cannot  be  denied  that  Tobacco 
in  the  Northern  ports  is  intrinsically  worth  less  than  it  is  here, 
being  at  the  same  distance  from  its  ultimate  market,  and  bur- 
dened with  the  freight  from  this  to  the  other  States.  The  price 
of  merchandize  here  is  at  least  as  much  above  as  that  of  To- 
bacco is  below  the  Northern  standard. 

We  have  had  throughout  the  month  of  June,  and  until  this 
time,  very  hot  and  very  wet  weather.  The  effect  of  it  on  upland 
corn  has  been  favorable,  but  much  the  reverse  on  that  of  the 
flats.  It  has  given  full  opportunity  to  the  planters  to  pitch 
their  crops  of  Tobacco,  but  though  many  of  them  have  repeated 
this  operation  several  times,  the  grasshoppers  and  other  noxious 
insects  have  been  so  uncommonly  troublesome  that  in  many 
places  the  prospect  is  likely  to  be  much  abridged.  Should  this 
not  be  the  case,  the  efforts  of  the  country  must  produce  the 
greatest  crop  that  has  been  seen  since  the  peace.  Our  Wheat 
in  this  part  of  the  country  is  very  indifferent.  How  it  may  be 
in  others  I  cannot  say,  but  believe  the  complaints  are  pretty 
general. 

With  the  highest  esteem  and  regard,  Dear  Sir,  your  obt  and 
very  humble  serv. 


TO  EDMUND  RANDOLPH. 

ORANGE,  Jnly  26th,  1785. 

MY  DEAR  FRIEND, — Your  favour  of  the  17th  inst.,  inclosing  a 
letter  from  Mr.  Jones  and  a  copy  of  the  ecclesiastical  Journal, 
came  safe  to  hand.  If  I  do  not  dislike  the  contents  of  the  lat- 
ter, it  is  because  they  furnish,  as  I  conceive,  fresh  and  forcible 
arguments  against  the  General  Assessment.  It  may  be  of  little 
consequence  what  tribunal  is  to  judge  of  clerical  misdemesnors 


WORKS    OF    MADISON.  1785. 

o**  !iow  firmly  the  incumbent  may  be  fastened  on  the  parish, 
whilst  the  vestry  and  people  may  hear  and  pay  him  or  not,  as 
they  like.  But  should  a  legal  salary  be  annexed  to  the  title, 
this  phantom  of  power  would  be  substantiated  into  a  real  mon- 
ster of  oppression.  Indeed,  it  appears  to  be  so  at  present  as 
far  as  the  Glebes  and  donations  extend.  I  had  seen  some  par- 
cels of  these  proceedings  before  I  received  your  letter,  and  had 
remarked  the  sprinklings  of  liberality  to  which  you  allude. 
My  conjectures,  I  believe,  did  not  err  as  to  the  quarter  from 
which  they  came. 

The  urgency  of  General  Washington  in  the  late  negociation 
with  Maryland  makes  it  probable,  I  think,  that  he  will  feel 
some  chagrin  at  the  inattention  to  that  with  Pennsylvania, 
which  has  a  much  nearer  connection  with  his  favorite  object, 
and  was,  moreover,  suggested  by  himself.  Shortly  after  the 
date  of  my  last  I  dropped  a  few  lines  to  Col.  Mason,  reminding 
him  that  some  report  will  be  expected  from  the  Commissioners 
by  the  Assembly,  as  well  as  of  the  real  importance  of  the  busi- 
ness. I  have  not  yet  received  any  answer,  and  begin  to  sus- 
pect that  my  letter  may  have  miscarried.  Your  information 
leads  me  to  doubt  whether  he  has  ever  been  furnished  with  a 
copy  of  the  Resolution  under  which  he  is  to  proceed.  I  will 
write  to  him  again,  and  inclose  one  which  Mr.  Jones  sent  me. 

I  have  a  letter  from  the  Marquis,  but  dated  as  far  back  as 
March.  It  was  accompanied  with  a  Copy  of  a  French  memo- 
rial to  the  Emperor,  which  seems  to  have  stifled  the  War  in  its 
birth;  and  an  Extract  from  a  late  work  of  Mr.  Neckar,  which 
has  made  him  the  idol  of  one  party  in  France  and  the  execra- 
tion of  the  other.  To  avoid  the  trouble  of  transcribing,  I  send 
them  as  they  came  to  me.  You  can  peruse  and  return  them  by 
my  brother,  who  is  the  bearer  of  this,  or  by  any  future  oppor- 
tunity. The  Marquis  says  he  is  doing  all  he  can  to  forward  our 
claim  to  the  Mississippi;  that  the  French  Ministry  understand 
the  matter  and  are  well  disposed;  but  that  they  are  apprehen- 
sive "  Spain  knows  not  how  to  give  up  what  she  once  has." 

I  had  heard  of  the  strictures  on  the  incorporating  Act,  but 
without  being  able  to  pick  up  any  of  the  papers  in  which  they 


1785.  LETTERS.  161 

are  published.  I  have  desired  my  brother  to  search  them  out 
if  he  can.  Perhaps  you  can  refer  him  to  the  proper  press  and 
numbers. 

At  the  instance  of  Col.  Nicholas,  of  Albemarle,  I  undertook 
the  draught  of  the  inclosed  remonstrance  against  the  General 
Assessment.  Subscriptions  to  it  are  on  foot,  I  believe,  in  sun- 
dry Counties,  and  will  be  extended  to  others.  My  choice  is, 
that  my  name  may  not  be  associated  with  it.  I  am  not  sure 
that  I  know  precisely  your  ideas  on  this  subject;  but  were  they 
more  variant  from  mine  than  I  take  them  to  be,  I  should  not  be 
restrained  from  a  confidential  communication. 

I  keep  up  my  attention,  as  far  as  I  can  command  my  time,  to 
the  course  of  reading  which  I  have  of  late  pursued,  and  shall 
continue  to  do  so.  I  am,  however,  far  from  being  determined 
ever  to  make  a  professional  use  of  it.  My  wish  is,  if  possible, 
to  provide  a  decent  and  independent  subsistence,  without  en- 
countering the  difficulties  which  I  foresee  in  that  line.  Another 
of  my  wishes  is  to  depend  as  little  as  possible  on  the  labour  of 
slaves.  The  difficulty  of  reconciling  these  views  has  -brought 
into  my  thoughts  several  projects  from  which  advantage  seemed 
attainable.  I  have,  in  concert  with  a  friend  here,  one  at  pres- 
ent on  the  anvil,  which  we  think  cannot  fail  to  yield  a  decent 
reward  for  our  trouble.  Should  we  persist  in  it,  it  will  cost 
me  a  ride  to  Philadelphia,  after  which  it  will  go  on  without  my 
being  ostensibly  concerned.  I  forbear  to  particularize  till  I 
can  do  it  ore  tenus.  Should  I  take  this  ride  I  may  possibly  con- 
tinue it  into  the  Eastern  States;  Col.  Monroe  having  given  me 
an  invitation  to  take  a  ramble  of  curiosity  this  fall,  which  I 
have  half  a  mind  to  accept,  and  among  outher  routes  named 
this.  I  recollect  that  you  talked  yourself  of  a  trip  last  spring 
as  far  as  Lancaster.  Have  you  laid  it  aside  totally?  Or  will 
your  domestic  endearments  forbid  even  the  trip  to  Bath,  from 
which  I  promised  myself  the  happiness  of  taking  you  by  the 
hand  in  Orange?  Give  my  warmest  respects  to  Mrs.  Randolph, 
and  be  assured  that  I  remain,  with  sincere  affection,  your 
friend. 

VOL.   I.  11 


162  WORKS    OF    MADISON.  1785. 

Was  the  Royal  assent  ever  given  to  the  act  of  1769,  entitled 
"  an  act  to  amend  an  act  entitled,  an  act  declaring  the  law  con- 
cerning Executions  and  for  relief  of  insolvent  debtors." 


To  the  Honorable  tJt£  General  Assembly  of  the  Commonwealth  of 

Virginia : 
A  MEMORIAL  AND  REMONSTRANCE. 

We,  the  subscribers,  citizens  of  the  said  Commonwealth,  hav- 
ing taken  into  serious  consideration  a  Bill  printed  by  order  of 
the  last  session  of  General  Assembly,  entitled  "A  Bill  establish- 
ing a  provision  for  Teachers  of  the  Christian  Religion,"  and 
conceiving  that  the  same,  if  finally  armed  with  the  sanctions  of 
a  law,  will  be  a  dangerous  abuse  of  power,  are  bound  as  faithful 
members  of  a  free  State  to  remonstrate  against  it,  and  to  de- 
clare the  reasons  by  which  we  are  determined.  We  remonstrate 
against  the  said  Bill — 

1.  Because  we  hold  it  for  a  fundamental  and  undeniable 
truth,  "  that  Religion,  or  the  duty  which  we  owe  to  our  Creator, 
and  the  manner  of  discharging  it,  can  be  directed  only  by  rea- 
son and  conviction,  not  by  force  or  violence."*  The  Religion, 
then,  of  every  man  must  be  left  to  the  conviction  and  conscience 
of  every  man;  and  it  is  the  right  of  every  man  to  exercise  it,  as 
these  may  dictate.  This  right  is  in  its  nature  an  unalienable 
right.  It  is  unalienable,  because  the  opinions  of  men,  depend- 
ing only  on  the  evidence  contemplated  by  their  own  minds, 
cannot  follow  the  dictates  of  other  men.  It  is  unalienable,  also, 
because  what  is  here  a  right  towards  men  is  a  duty  towards  the 
Creator.  It  is  the  duty  of  every  man  to  render  to  the  Creator 
such  homage,  and  such  only,  as  he  believes  to  be  acceptable  to 
him.  This  duty  is  precedent,  both  in  order  of  time  and  in  de- 
gree of  obligation,  to  the  claims  of  Civil  society.  Before  any 
man  can  be  considered  as  a  member  of  Civil  Society,  he  must 
be  considered  as  a  subject  of  the  Governor  of  the  Universe; 
and  if  a  member  of  Civil  Society  who  enters  into  any  subordi- 

*  Declaration  Rights,  Article  1C. 


1785  MEMORIAL,    ETC. 

nate  Association  must  always  do  it  with  a  reservation  of  his 
duty  to  the  General  Authority,  much  more  must  every  man  who 
becomes  a  member  of  any  particular  Civil  Society  do  it  with  a 
saving  of  his  allegiance  to  the  Universal  Sovereign.  We  main- 
tain, therefore,  that  in  matters  of  Religion  no  man's  right  is 
abridged  by  the  institution  of  Civil  Society,  and  that  Religion 
is  wholly  exempt  from  its  cognizance.  True  it  is,  that  no  other 
rule  exists  by  which  any  question  which  may  divide  a  Society 
can  be  ultimately  determined  than  the  will  of  the  majority ;  but 
it  is  also  true  that  the  majority  may  trespass  on  the  rights  of 
the  minority. 

2.  Because,  if  Religion  be  exempt  from  the  authority  of  the 
Society  at  large,  still  less  can  it  be  subject  to  that  of  the  Legis- 
lative Body.     The  latter  are  but  the  creatures  and  vicegerents 
of  the  former.     Their  jurisdiction  is  both  derivative  and  lim- 
ited.    It  is  limited  with  regard  to  the  co-ordinate  departments; 
more  necessarily  is  it  limited  with  regard  to  the  constituents. 
The  preservation  of  a  free  Government  requires,  not  merely 
that  the  metes  and  bounds  which  separate  each  department  of 
power  be  invariably  maintained,  but  more  especially    that 
neither  of  them  be  suffered  to  overleap  the  great  Barrier  which 
defends  the  rights  of  the  people.     The  rulers  who  are  guilty  of 
such  an  encroachment  exceed  the  commission  from  which  they 
derive  their  authority,  and  are  Tyrants.     The  people  who  sub- 
mit to  it  are  governed  by  laws  made  neither  by  themselves  nor 
by  an  authority  derived  from  them,  and  are  slaves. 

3.  Because  it  is  proper  to  take  alarm  at  the  first  experiment 
on  our  liberties.     We  hold  this  prudent  jealousy  to  be  the  first 
duty  of  citizens,  and  one  of  the  noblest  characteristics  of  the 
late  Revolution.     The  freemen  of  America  did  not  wait  till 
usurped  power  had  strengthened  'itself  by  exercise,  and  entan- 
gled the  question  in  precedents.  They  saw  all  the  consequences 
in  the  principle,  and  they  avoided  the  consequences  by  denying 
the  principle.     We  revere  this  lesson  too  much  soon  to  forget 
it.     Who  does  not  see  that  the  same  authority  which  can  estab- 
lish Christianity,  in  exclusion  of  all  other  Religions,  may  estab- 
lish, with  the  same  ease,  any  particular  sect  of  Christians,  in 


164  WORKS    OF    MADISON.  1735. 

exclusion  of  all  other  sects?  that  the  same  authority  which  can 
force  a  citizen  to  contribute  three  pence  only  of  his  property 
for  the  support  of  any  one  establishment,  may  force  him  to  con- 
form to  any  other  establishment  in  all  cases  whatsoever? 

4.  Because  the  Bill  violates  that  equality  which  ought  to  be 
the  basis  of  every  law,  and  which  is  more  indispensable  in  pro- 
portion as  the  validity  or  expediency  of  any  law  is  more  liable 
to  be  impeached.     "If  all  men  are  by  nature  equally  free  and 
independent,"*  all  men  are  to  be  considered  as  entering  into 
Society  on  equal  conditions;    as  relinquishing  no  more,  and 
therefore  retaining  no  less,  one  than  another,  of  their  natural 
rights.     Above  all,  are  they  to  be  considered  as  retaining  an 
" equal  title  to  the  free  exercise  of  Religion  according  to  the 
dictates  of  conscience,  "f  Whilst  we  assert  for  ourselves  a  free- 
dom to  embrace,  to  profess,  and  to  observe,  the  Religion  which 
we  believe  to  be  of  divine  origin,  we  cannot  deny  an  equal  free- 
dom to  them  whose  minds  have  not  yet  yielded  to  the  evidence 
which  has  convinced  us.     If  this  freedom  be  abused,  it  is  an 
offence  against  God,  not  against  man.     To  God,  therefore,  not 
to  man,  must  an  account  of  it  be  rendered.   As  the  bill  violates 
equality  by  subjecting  some  to  peculiar  burdens,  so  it  violates 
the  same  principle  by  granting  to  others  peculiar  exemptions. 
Are  the  Quakers  and  Menonists  the  only  Sects  who  think  a  com- 
pulsive support  of  their  Religions  unnecessary  and  unwarrant- 
able?    Can  their  piety  alone  be  entrusted  with  the  care  of 
public  worship  ?     Ought  their  Religions  to  be  endowed  above 
all  others  with  extraordinary  privileges,  by  which  proselytes 
may  be  enticed  from  all  others?     We  think  too  favourably  of 
the  justice  and  good  sense  of  these  denominations  to  believe 
that  they  either  covet  pre-eminences  over  their  fellow-citizens, 
or  that  they  will  be  seduced  by  them  from  the  common  opposi- 
tion to  the  measure. 

5.  Because  the  Bill  implies,  either  that  the  civil  Magistrate 
is  a  competent  Judge  of  Religious  truths,  or  that  he  may  em- 
ploy Religion  as  an  engine  of  civil  policy.  The  first  is  an  arro- 

*  Declaration  Rights,  article  1.  f  Article  16, 


1785.  MEMORIAL,    ETC.  165 

gant  pretension,  falsified  by  the  contradictory  opinions  of  Rulers 
in  all  ages,  and  throughout  the  world;  the  second,  an  unhal- 
lowed perversion  of  the  means  of  salvation. 

6.  Because  the.  establishment  proposed  by  the  Bill  is  not 
requisite  for  the  support  of  the  Christian  Religion.     To  say 
that  it  is,  is  a  contradiction  to  the  Christian  Religion  itself,  for 
every  page  of  it  disavows  a  dependence  on  the  powers  of  this 
world.     It  is  a  contradiction  to  fact,  for  it  is  known  that  this 
Religion  both  existed  and  flourished,  not  only  without  the  sup- 
port of  human  laws,  but  in  spite  of  every  opposition  from  them; 
and  not  only  during  the  period  of  miraculous  aid,  but  long  after 
it  had  been  left  to  its  own  evidence  and  the  ordinary  care  of 
providence.    Nay,  it  is  a  contradiction  in  terms;  for  a  Religion 
not  invented  by  human  policy  must  have  pre-existed  and  been 
supported  before  it  was  established  by  human  policy.     It  is, 
moreover,  to  weaken  in  those  who  profess  this  Religion  a  pious 
confidence  in  its  innate  excellence  and  the  patronage  of  its 
Author;  and  to  foster  in  those  who  still  reject  it  a  suspicion 
that  its  friends  are  too  conscious  of  its  fallacies  to  trust  it  to  its 
own  merits. 

7.  Because  experience  witnesseth  that  ecclesiastical  estab- 
lishments, instead  of  maintaining  the  purity  and  efficacy  of  Re- 
ligion, have  had  a  contrary  operation1.     During  almost  fifteen 
Centuries  has  the  legal  establishment  of  Christianity  been  on 
trial.     What  have  been  its  fruits?     More  or  less,  in  all  places, 
pride  and  indolence  in  the  Clergy;  ignorance  and  servility  in 
the  laity;  in  both,  superstition,  bigotry,  and  persecution.     En- 
quire of  the  Teachers  of  Christianity  for  the  ages  in  which  it 
appeared  in  its  greatest  lustre;  those  of  every  Sect  point  to  the 
ages  prior  to  its  incorporation  with  civil  policy.     Propose  a 
restoration  of  this  primitive  state,  in  which  its  Teachers  de- 
pended on  the  voluntary  rewards  of  their  flocks;  many  of  them 
predict  its  downfall.     On  which  side  ought  their  testimony  to 
have  greatest  weight;  when  for  or  when  against  their  interest? 

8.  Because  the  establishment  in  question  is  not  necessary  for 
the  support  of  Civil  Government.     If  it  be  urged  as  necessary 
for  the  support  of  Civil  Government  only  as  it  is  a  means  of 


166  WORKS     OF    MADISON.  178.5. 

supporting  Religion,  and  it  be  not  necessary  for  the  latter  pur- 
pose, it  cannot  be  necessary  for  the  former.  If  Religion  be  not 
within  the  cognizance  of  Civil  Government,  how  can  its  legal 
establishment  be  necessary  to  Civil  Government?  What  in- 
fluence, in  fact,  have  ecclesiastical  establishments  had  on  Civil 
Society?  In  some  instances  they  have  been  seen  to  erect  a 
spiritual  tyranny  on  the  ruins  of  the  civil  authority;  in  many 
instances  they  have  been  seen  upholding  the  thrones  of  political 
tyranny;  in  no  instance  have  they  been  seen  the  guardians  of 
the  liberties  of  the  people.  Rulers  who  wished  to  subvert  the 
public  liberty  may  have  found  an  established  Clergy  convenient 
auxiliaries.  A  just  Government,  instituted  to  secure  and  per- 
petuate it,  needs  them  not.  Such  a  Government  will  be  best 
supported  by  protecting  every  citizen  in  the  enjoyment  of  his 
Religion  with  the  same  equal  hand  which  protects  his  person 
and  his  property;  by  neither  invading  the  equal  rights  of  any 
Sect,  nor  suffering  any  sect  to  invade  those  of  another. 

Because  the  proposed  establishment  is  a  departure  from  that 
generous  policy  which,  offering  an  Asylum  to  the  persecuted 
and  oppressed  of  every  Nation  and  Religion,  promised  a  lustre 
to  our  country,  and  an  accession  to  the  number  of  its  citizens. 
What  a  melancholy  mark  is  the  Bill  of  sudden  degeneracy! 
Instead  of  holding  forth  an  Asylum  to  the  persecuted,  it  is  it- 
self a  signal  of  persecution.  It  degrades  from  the  equal  rank 
of  Citizens  all  those  whose  opinions  in  Religion  do  not  bend  to 
those  of  the  Legislative  authority.  Distant  as  it  may  be  in  its 
present  form  from  the  Inquisition,  it  differs  from  it  only  in  de- 
gree. The  one  is  the  first  step,  the  other  the  last,  in  the  career 
of  intolerance.  The  magnanimous  sufferer  under  this  cruel 
scourge  in  foreign  Regions  must  view  the  Bill  as  a  Beacon  on 
our  Coast  warning  him  to  seek  some  other  haven,  where  lib- 
erty and  philanthropy,  in  their  due  extent,  may  offer  a  more 
certain  repose  from  his  troubles. 

Because  it  will  have  a  like  tendency  to  banish  our  citizens. 
The  allurements  presented  by  other  situations  are  every  day 
thinning  their  number.  To  superadd  a  fresh  motive  to  emigra- 
tion by  revoking  the  liberty  which  they  now  enjoy  would  be 


1785.  MEMORIAL,    ETC.  167 

the  same  species  of  folly  which  has  dishonoured  and  depopulated 
flourishing  kingdoms. 

Because  it  will  destroy  that  moderation  and  harmony  which 
the  forbearance  of  our  laws  to  intermeddle  with  Religion  has 
produced  among  its  several  Sects.  Torrents  of  blood  have  been 
spilt  in  the  old  world  in  consequence  of  vain  attempts  of  the 
secular  arm  to  extinguish  Religious  discord  by  proscribing  all 
differences  in  Religious  opinion.  Time  has  at  length  revealed 
the  true  remedy.  Every  relaxation  of  narrow  and  rigorous 
policy,  wherever  it  has  been  tried,  has  been  found  to  assuage 
the  disease.  The  American  theatre  has  exhibited  proofs  that 
equal  and  complete  liberty,  if  it  does  not  wholly  eradicate  it, 
sufficiently  destroys  its  malignant  influence  on  the  health  and 
prosperity  of  the  State.  If,  with  the  salutary  effects  of  this 
system  under  our  own  eyes,  we  begin  to  contract  the  bounds  of 
Religious  freedom,  we  know  no  name  which  will  too  severely 
reproach  our  folly.  At  least,  let  warning  be  taken  at  the  first 
fruits  of  the  threatened  innovation.  The  very  appearance  of 
the  Bill  has  transformed  "that  Christian  forbearance,  love,  and 
charity,"*  which  of  late  mutually  prevailed,  into  animosities 
and  jealousies,  which  may  not  soon  be  appeased.  What  mis- 
chiefs may  not  be  dreaded,  should  this  enemy  to  the  public  quiet 
be  armed  with  the  force  of  a  law? 

Because  the  policy  of  the  Bill  is  adverse  to  the  diffusion  of 
the  light  of  Christianity.  The  first  wish  of  those  who  enjoy 
this  precious  gift  ought  to  be,  that  it  may  be  imparted  to  the 
whole  race  of  mankind.  Compare  the  number  of  those  who 
have  as  yet  received  it  with  the  number  still  remaining  under 
the  dominion  of  false  Religions,  and  how  small  is  the  former ! 
Does  the  policy  of  the  Bill  tend  to  lessen  the  disproportion? 
No;  it  at  once  discourages  those  who  are  strangers  to  the  light 
of  revelation  from  coming  into  the  Region  of  it,  and  counte- 
nances by  example  the  nations  who  continue  in  darkness  in 
shutting  out  those  who  might  convey  it  to  them.  Instead  of 
levelling,  as  far  as  possible,  every  obstacle  to  the  victorious 

*  Declaration  Eights,  Article  16. 


168  WORKS    OF    MADISON.  1785. 

progress  of  truth,  the  Bill,  with  an  ignoble  and  unchristian  ti- 
midity, would  circumscribe  it  with  a  wall  of  defence  against  the 
encroachments  of  error. 

Because  attempts  to  enforce,  by  legal  sanctions,  acts  obnox- 
ious to  so  great  a  proportion  of  citizens,  tend  to  enervate  the 
laws  in  general,  and  to  slacken  the  bands  of  Society.  If  it  be 
difficult  to  execute  any  law  which  is  not  generally  deemed  neces- 
sary or  salutary,  what  must  be  the  case  where  it  is  deemed  in- 
valid and  dangerous  ?  And  what  may  be  the  effect  of  so  striking 
an  example  of  impotency  in  the  Government  on  its  general  au- 
thority? 

Because  a  measure  of  such  singular  magnitude  and  delicacy 
ought  not  to  be  imposed  without  the  clearest  evidence  that  it  is 
called  for  by  a  majority  of  citizens;  and  no  satisfactory  method 
is  yet  proposed  by  which  the  voice  of  the  majority  in  this  case 
may  be  determined,  or  its  influence  secured.  "The  people  of 
the  respective  Counties  are,  indeed,  requested  to  signify  their 
opinion  respecting  the  adoption  of  the  Bill  to  the  next  Session 
of  the  Assembly."  But  the  representation  must  be  made  equal 
before  the  voice  either  of  the  Representatives  or  of  the  Counties 
will  be  that  of  the  people.  Our  hope  is,  that  neither  of  the  for- 
mer will,  after  due  consideration,  espouse  the  dangerous  prin- 
ciple of  the  Bill.  Should  the  event  disappoint  us,  it  will  still 
leave  us  in  full  confidence  that  a  fair  appeal  to  the  latter  will 
reverse  the  sentence  against  our  liberties. 

Because,  finally,  "  the  equal  right  of  every  Citizen  to  the  free 
exercise  of  his  Religion,  according  to  the  dictates  of  conscience," 
is  held  by  the  same  tenure  with  all  our  other  rights.  If  we 
recur  to  its  origin,  it  is  equally  the  gift  of  nature;  if  we  weigh 
its  importance,  it  cannot  be  less  dear  to  us;  if  we  consult  the 
Declaration  of  those  rights  "which  pertain  to  the  good  people 
of  Virginia  as  the  basis  and  foundation  of  Government,"*  it  is 
enumerated  with  equal  solemnity,  or  rather  with  studied  empha- 
sis. Either,  then,  we  must  say,  that  the  will  of  the  Legislature 
is  the  only  measure  of  their  authority,  and  that  in  the  plenitude 

*  Declaration  Rights,  title. 


1785.  LETTERS.  169 

of  that  authority  they  may  sweep  away  all  our  fundamental 
rights,  or  that  they  are  bound  to  leave  this  particular  right 
untouched  and  sacred.  Either  we  must  say,  that  they  may  con- 
troul  the  freedom  of  the  press,  may  abolish  the  trial  by  jury, 
may  swallow  up  the  Executive  and  Judiciary  powers  of  the 
State;  nay,  that  they  may  despoil  us  of  our  very  right  of  suf- 
frage, and  erect  themselves  into  an  independent  and  hereditary 
Assembly;  or  we  must  say,  that  they  have  no  authority  to  enact 
into  a  law  the  Bill  under  consideration. 

"We,  the  subscribers,  say  that  the  General  Assembly  of  this 
Commonwealth  have  no  such  authority.  And  in  order  that  no 
effort  may  be  omitted  on  our  part  against  so  dangerous  an  usur- 
pation, we  oppose  to  it  this  remonstrance;  earnestly  praying, 
as  we  are  in  duty  bound,  that  the  Supreme  Lawgiver  of  the 
Universe,  by  illuminating  those  to  whom  it  is  addressed,  may, 
on  the  one  hand,  turn  their  councils  from  every  act  which  would 
affront  his  holy  prerogative,  or  violate  the  trust  committed  to 
them;  and  on  the  other,  guide  them  into  every  measure  which 
may  be  worthy  of  his  blessing,  redound  to  their  own  praise,  and 
establish  more  firmly  the  liberties,  the  prosperity,  and  the  hap- 
piness of  the  Commonwealth. 


TO  JAMES  MONROE. 

ORANGE,  August  7th,  1785. 

DEAR  SIR, — I  received  the  day  before  yesterday  your  favour 
of  the  26th  July.  I  had  previously  received  the  Report  on  the 
proposed  change  of  the  9th  article  of  the  Confederation,  trans- 
mitted by  Col.  Gray  son;  and  in  my  answer  to  him  offered  such 
ideas  on  the  subject  as  then  occurred. 

I  still  think  the  probability  of  success  or  failure  ought  to 
weigh  much  with  Congress  in  every  recommendation  to  the 
States;  of  which  probability  Congress,  in  whom  information 
from  every  State  centers,  can  alone  properly  judge.  Viewing 
in  the  abstract  the  question  whether  the  power  of  regulating 
trade,  to  a  certain  degree  at  least,  ought  to  be  vested  in  Con- 


170  WORKS    OF    MADISON.  1735. 

gress,  it  appears  to  me  not  to  admit  of  a  doubt  but  that  it 
should  be  decided  in  the  affirmative.  If  it  be  necessary  to  reg- 
ulate trade  at  all,  it  surely  is  necessary  to  lodge  the  power 
where  trade  can  be  regulated  with  effect;  and  experience  has 
confirmed  what  reason  foresaw,  that  it  can  never  be  so  regula- 
ted by  the  States  acting  in  their  separate  capacities.  They  can 
no  more  exercise  this  power  separately  than  they  could  separ- 
ately carry  on  war,  or  separately  form  treaties  of  alliance  or 
commerce.  The  nature  of  the  thing,  therefore,  proves  the  for- 
mer power,  no  less  than  the  latter,  to  be  within  the  reason  of 
the  federal  Constitution. 

Much,  indeed,  is  it  to  be  wished,  as  I  conceive,  that  no  regu- 
lations of  trade,  that  is  to  say,  no  restrictions  on  imposts  what- 
ever, were  necessary.  A  perfect  freedom  is  the  system  which 
would  be  my  choice.  But  before  such  a  system  will  be  eligible, 
perhaps,  for  the  United  States,  they  must  be  out  of  debt;  before 
it  will  be  attainable,  all  other  nations  must  concur  in  it.  Whilst 
any  one  of  these  imposes  on  our  vessels,  seamen,  &c.,  in  their 
ports,  clogs  from  which  they  exempt  their  own,  we  must  either 
retort  the  distinction,  or  renounce,  not  merely  a  just  profit,  but 
our  only  defence  against  the  danger  which  may  most  easily  be- 
set us.  Are  we  not  at  this  moment  under  this  very  alternative? 
The  policy  of  Great  Britain  (to  say  nothing  of  other  nations) 
has  shut  against  us  the  channels  without  which  our  trade  with 
her  must  be  a  losing  one;  and  she  has  consequently  the  triumph, 
as  we  have  the  chagrin,  of  seeing  accomplished  her  prophetic 
threats,  that  our  independence  should  forfeit  commercial  advan- 
tages for  which  it  would  not  recompence  us  with  any  new  chan- 
nels of  trade. 

What  is  to  be  done?  Must  we  remain  passive  victims  to  for- 
eign politics,  or  shall  we  exert  the  lawful  means  which  our  in- 
dependence has  put  into  our  hands  of  extorting  redress  ?  The 
very  question  would  be  an  affront  to  every  citizen  who  loves 
his  country.  What,  then,  are  these  means?  Retaliating  regu- 
lations of  trade  only.  How  are  these  to  be  effectuated  ?  Only 
by  harmony  in  the  measures  of  the  States.  How  is  this  harmony 
to  be  obtained?  Only  by  an  acquiescence  of  all  the  States  in 


1785.  LETTERS.  171 

the  opinion  of  a  reasonable  majority.  If  Congress,  as  they  are 
now  constituted,  cannot  be  trusted  with  the  power  of  digesting 
and  enforcing  this  opinion,  let  them  be  otherwise  constituted; 
let  their  numbers  be  increased,  let  them  be  chosen  oftener,  and 
let  their  period  of  service  be  shortened;  or  if  any  better  medium 
than  Congress  can  be  proposed  by  which  the  wills  of  the  States 
may  be  concentered,  let  it  be  substituted;  or  lastly,  let  no  reg- 
ulation of  trade  adopted  by  Congress  be  in  force  until  it  shall 
have  been  ratified  by  a  certain  proportion  of  the  States.  But 
let  us  not  sacrifice  the  end  to  the  means;  let  us  not  rush  on  cer- 
tain ruin  in  order  to  avpid  a  possible  danger. 

I  conceive  it  to  be  of  great  importance  that  the  defects  of  the 
federal  system  should  be  amended,  not  only  because  such  amend- 
ments will  make  it  better  answer  the  purpose  for  which  it  was 
instituted,  but  because  I  apprehend  danger  to  its  very  existence 
from  a  continuance  of  defects  which  expose  a  part,  if  not  the 
whole,  of  the  empire  to  severe  distress.  The  suffering  part, 
even  when  the  minor  part,  cannot  long  respect  a  Government 
which  is  too  feeble  to  protect  their  interests;  but  when  the  suf- 
fering part  comes  to  be  the  major  part,  and  they  despair  of  see- 
ing a  protecting  energy  given  to  the  General  Government,  from 
what  motives  is  their  allegiance  to  be  any  longer  expected? 
Should  Great  Britain  persist  in  the  machinations  which  distress 
us,  and  seven  or  eight  of  the  States  be  hindered  by  the  others 
from  obtaining  relief  by  federal  means,  I  own  I  tremble  at  the 
anti-federal  expedients  into  which  the  former  may  be  tempted. 

As  to  the  objection  against  entrusting  Congress  with  a  power 
over  trade,  drawn  from  the  diversity  of  interests  in  the  States, 
it  may  be  answered:  1.  That  if  this  objection  had  been  listened 
to,  no  confederation  could  have  ever  taken  place  among  the 
States.  2.  That  if  it  ought  now  to  be  listened  to,  the  power 
held  by  Congress  of  forming  commercial  treaties,  by  which  9 
States  may  indirectly  dispose  of  the  Commerce  of  the  residue, 
ought  to  be  immediately  revoked.  3.  That  the  fact  is,  that  a 
case  can  scarcely  be  imagined  in  which  it  would  be  the  interest 
of  any  two-thirds  of  the  States  to  oppress  the  remaining  one- 
third.  4.  That  the  true  question  is,  whether  the  commercial 


172  WORKS    OF    MADISON.  1785. 

interests  of  the  States  do  not  meet  in  more  points  than  they 
differ.  To  me  it  is  clear  that  they  do;  and  if  they  do,  there  are 
so  many  more  reasons  for  than  against  submitting  the  commer- 
cial interest  of  each  State  to  the  direction  and  care  of  the  ma- 
jority. 

Put  the  West  India  trade  alone,  in  which  the  interest  of  every 
State  is  involved,  into  the  scale  against  all  the  inequalities  which 
may  result  from  any  probable  regulation  by  nine  States,  and 
who  will  say  that  the  latter  ought  to  preponderate?  I  have 
heard  the  different  interest  which  the  Eastern  States  have  as 
carriers  pointed  out  as  a  ground  of  caution  to  the  Southern 
States,  who  have  no  bottoms  of  their  own,  against  their  con- 
curring hastily  in  retaliations  on  Great  Britain.  But  will  the 
present  system  of  Great  Britain  ever  give  the  Southern  States 
bottoms?  and  if  they  are  not  their  own  carriers,  I  should  sup- 
pose it  no  mark  either  of  folly  or  incivility  to  give  our  custom 
to  our  brethren,  rather  than  to  those  who  have  not  yet  entitled 
themselves  to  the  name  of  friends. 

In  detailing  these  sentiments,  I  have  nothing  more  in  view 
than  to  prove  the  readiness  with  which  I  obey  your  request. 
As  far  as  they  are  just,  they  must  have  been  often  suggested  in 
the  discussions  of  Congress  on  the  subject.  I  cannot  even  give 
them  weight  by  saying  that  I  have  reason  to  believe  they  would 
be  relished  in  the  public  Councils  of  this  State.  From  the  trials 
of  which  I  have  been  a  witness,  I  augur  that  great  difficulties 
will  be  encountered  in  every  attempt  to  prevail  on  the  Legisla- 
ture to  part  with  power.  The  thing  itself  is  not  only  unpala- 
table, but  the  arguments  which  plead  for  it  have  not  their  full 
force  on  minds  unaccustomed  to  consider  the  interests  of  the 
State  as  they  are  interwoven  with  those  of  the  Confederacy, 
much  less  as  they  may  be  affected  by  foreign  politics;  whilst 
those  which  plead  against  it  are  not  only  specious,  but  in  their 
nature  popular,  and  for  that  reason  sure  of  finding  patrons. 

Add  to  all  this,  that  the  Mercantile  interest,  which  has  taken 
the  lead  in  rousing  the  public  attention  of  other  States,  is  in 
this  so  exclusively  occupied  in  British  Commerce,  that  what 
little  weight  they  have  will  be  most  likely  to  fall  into  the  oppo- 


1785.  LETTERS.  173 

site  scale.  The  only  circumstance  which  promises  a  favorable 
hearing  to  the  meditated  proposition  of  Congress  is,  that  the 
power  which  it  asks  is  to  be  exerted  against  Great  Britain,  and 
the  proposition  will  consequently  be  seconded  by  the  animosities 
which  still  prevail  in  a  strong  degree  against  her. 

I  am,  my  dear  sir,  very  sincerely,  your  friend  and  serv. 


TO  THOMAS  JEFFERSON. 

ORANGE,  August  20th,  1785. 

DEAR  SIR, — Yours  of  the  18th  of  March  never  reached  me 
till  the  4th  instant.  It  came  by  post  from  New  York,  which  it 
did  not  leave  till  the  21  of  July.  My  last  was  dated  in  April, 
and  went  by  Mr.  Mazzei,  who  picked  it  up  at  New  York  and 
promised  to  deliver  it  with  his  own  hand. 

The  machinations  of  Great  Britain,  with  regard  to  commerce, 
have  produced  much  distress  and  noise  in  the  Northern  States, 
particularly  in  Boston,  from  whence  the  alarm  has  spread  to 
New  York  and  Philadelphia.  Your  correspondence  with  Con- 
gress will  no  doubt  have  furnished  you  with  full  information  on 
this  head.  I  only  know  the  general  fact,  and  that  the  sufferers 
are  everywhere  calling  for  such  augmentation  of  the  power  of 
Congress  as  may  effect  relief.  How  far  the  Southern  States, 
and  Virginia  in  particular,  will  join  in  this  proposition,  cannot 
be  foreseen.  It  is  easy  to  foresee  that  the  circumstances  which, 
in  a  confined  view,  distinguish  our  situation  from  that  of  our 
brethren,  will  be  laid  hold  of  by  the  partizans  of  Great  Britain, 
by  those  who  are  or  affect  to  be  jealous  of  Congress,  and  those 
who  are  interested  in  the  present  course  of  business,  to  give  a 
wrong  bias  to  our  councils.  If  anything  should  reconcile  Vir- 
ginia to  the  idea  of  giving  Congress  a  power  over  her  trade,  it 
will  be  that  this  power  is  likely  to  annoy  Great  Britain,  against 
whom  the  animosities  of  our  citizens  are  still  strong.  They 
seem  to  have  less  sensibility  to  their  commercial  interests,  which 


174  WORKS    OF    MADISON  1785. 

they  very  little  understand,  and  which  the  mercantile  class  here 
have  not  the  same  motives,  if  they  had  the  same  capacity,  to  lay 
open  to  the  public,  as  that  class  have  in  the  States  North  of  us. 

The  price  of  our  Staple  since  the  peace  is  another  cause  of 
inattention  in  the  planters  to  the  dark  side  of  our  commercial 
affairs.  Should  these  or  any  other  causes  prevail  in  frustrating 
the  scheme  of  the  Eastern  and  Middle  States  of  a  general  retal- 
iation on  Great  Britain,  I  tremble  for  the  event.  A  majority 
of  the  States,  deprived  of  a  regular  remedy  for  their  distresses 
by  the  want  of  a  federal  spirit  in  the  minority,  must  feel  the 
strongest  motives  to  some  irregular  experiments.  The  danger 
of  such  a  crisis  makes  me  surmise  that  the  policy  of  Great 
Britain  results  as  much  from  the  hope  of  effecting  a  breach  in 
our  Confederacy  as  of  monopolizing  our  trade. 

Our  internal  trade  is  taking  an  arrangement  from  which  I 
hope  good  consequences.  Retail  Stores  are  spreading  all  over 
the  Country;  many  of  them  carried  on  by  native  adventurers, 
some  of  them  branched  out  from  the  principal  Stores  at  the 
heads  of  navigation.  The  distribution  of  the  business,  however, 
into  the  importing  and  the  retail  departments,  has  not  yet  taken 
place.  Should  the  port  bill  be  established,  it  will,  I  think, 
quickly  add  this  amendment,  which  indeed  must  in  a  little  time 
follow  of  itself.  It  is  the  more  to  be  wished  for,  as  it  is  the 
only  radical  cure  for  credit  to  the  consumer,  which  continues  to 
be  given  to  a  degree  which,  if  not  checked,  will  turn  the  diffu- 
sive retail  of  Merchandize  into  a  nuisance.  When  the  Shop- 
keeper buys  his  goods  of  the  wholesale  Merchant,  he  must  buy 
at  so  short  a  credit  that  he  can  venture  to  give  none  at  all. 

You  ask  me  to  unriddle  the  dissolution  of  the  Committee  of 
the  States  at  Annapolis.  I  am  not  sure  that  I  am  myself  pos- 
sessed fully  of  the  causes,  different  members  of  Congress  having 
differed  in  their  accounts  of  the  matter.  My  conception  of  it 
is,  that  the  abrupt  departure  of  some  of  the  Eastern  delegates, 
which  destroyed  the  quorum,  and  which  Dana  is  said  to  have 
been  at  the  bottom  of,  proceeded  partly  from  irritations  among 
the  committee,  partly  from  dislike  to  the  place  of  their  session, 


1785.  LETTERS.  175 

and  partly  from  an  impatience  to  get  home,  which  prevailed 
over  their  regard  for  their  private  characters,  as  well  as  for 
their  public  duty. 

Subsequent  to  the  date  of  mine  in  which  I  gave  my  idea  of 
Fayette,  I  had  further  opportunities  of  penetrating  his  charac- 
ter. Though  his  foibles  did  not  disappear,  all  the  favorable 
traits  presented  themselves  in  a  stronger  light  on  closer  inspec- 
tion. He  certainly  possesses  talents  which  might  figure  in  any 
line.  If  he  is  ambitious,  it  is  rather  of  the  praise  which  virtue 
dedicates  to  merit,  than  of  the  homage  which  fear  renders  to 
power;  his  disposition  is  naturally  warm  and  affectionate,  and 
his  attachment  to  the  United  States  unquestionable.  Unless  I 
am  grossly  deceived,  you  will  find  his  zeal  sincere  and  useful, 
whenever  it  can  be  employed  in  behalf  of  the  United  States 
without  opposition  to  the  essential  interests  of  France. 

The  opposition  to  the  General  Assessment  gains  ground.  At 
the  instance  of  some  of  its  adversaries,  I  drew  up  the  remon- 
strance herewith  inclosed.  It  has  been  sent  through  the  me- 
dium of  confidential  persons  in  a  number  of  the  upper  Counties, 
and  I  am  told  will  be  pretty  extensively  signed.  The  Presby- 
terian clergy  have  at  length  espoused  the  side  of  the  opposition, 
being  moved  either  by  a  fear  of  their  laity  or  a  jealousy  of  the 
Episcopalians.  The  mutual  hatred  of  these  sects  has  been  much 
inflamed  by  the  late  act  incorporating  the  latter.  I  am  far  from 
being  sorry  for  it,  as  a  coalition  between  them  could  alone  en- 
danger our  religious  rights,  and  a  tendency  to  such  an  event 
had  been  suspected.  The  fate  of  the  Circuit  Courts  is  uncertain. 
They  are  threatened  with  no  small  danger  from  the  diversity 
of  opinions  entertained  among  the  friends  of  some  reform  in 
that  department.  But  the  greatest  danger  is  to  be  feared  from 
those  who  mask  a  secret  aversion  to  any  reform  under  a  zeal 
for  such  a  one  as  they  know  will  be  rejected.  The  Potowmac 
Company  are  going  on  with  very  flattering  prospects.  Their 
subscriptions  some  time  ago  amounted  to  upward  of  four-fifths 
of  the  whole  sum.  I  have  the  pleasure,  also,  to  find,  by  an  ad- 
vertisement from  the  managers  for  James  River,  that  more  than 
half  the  sum  is  subscribed  for  that  undertaking,  and  that  the 


176  WORKS    OP    MADISON.  1785. 

subscribers  are  to  meet,  shortly  for  the  purpose  of  organizing 
themselves  and  going  to  work.  I  despair  of  seeing  the  Revisal 
taken  up  at  the  ensuing  session.  The  number  of  copies  struck 
are  so  deficient,  (there  being  not  above  three  for  each  County,) 
and  there  has  been  such  delay  in  distributing  them,  (none  of  the 
Counties  having  received  them  till  very  lately,  and  some  prob- 
ably not  yet,  though  they  were  ready  long  ago,)  that  the  prin- 
cipal end.  of  their  being  printed  has  been  frustrated. 

Our  fields  promise  very  short  crops  both  of  corn  and  Tobacco. 
The  latter  was  much  injured  by  the  grasshopper  and  other  in- 
sects; the  former,  somewhat  by  the  bug  in  the  southern  parts  of 
the  State;  but  both  have  suffered  most  from  dry  weather,  which 
prevails  at  present  in  this  part  of  the  country,  and  has  generally 
prevailed,  I  understand,  in  most  other  parts.  It  seems  certain 
that  no  future  weather  can  make  a  great  crop  of  either,  partic- 
ularly of  Tobacco,  so  great  a  proportion  of  the  hills  being 
without  plants  in  them,  and  so  many  more  with  plants  in  them 
which  must  come  to  nothing.  Notwithstanding  this  prospect, 
its  price  has  fallen  from  36s.  to  30s.  on  James  River,  and  28s. 
on  Rappahannock.  The  scarcity  of  cash  is  one  cause. 

Harrison,  late  Governor,  was  elected  in  Surrey,  whither  he 
previously  removed  with  his  family.  A  contest  for  the  chair 
will  no  doubt  ensue;  should  he  fail,  he  will  be  for  Congress. 

I  have  not  yet  received  any  of  the  books  which  you  have  been 
so  kind  as  to  pick  up  for  me,  but  expect  their  arrival  daily,  as 
you  were  probably  soon  after  the  date  of  your  last  apprised 
that  I  was  withdrawn  from  the  nomination,  which  led  you  to 
suspend  the  forwarding  them.  I  am  invited  by  Col.  Monroe  to 
an  option  of  rambles  this  fall,  one  of  which  is  into  the  Eastern 
States.  I  wish  much  to  accept  so  favorable  an  opportunity  of 
executing  the  plan  from  which  I  was  diverted  last  fall,  but  can- 
not decide  with  certainty  whether  it  will  be  practicable  or  not. 
1  have,  in  conjunction  with  a  friend  here,  a  project  of  interest 
on  the  anvil,  which  will  carry  me  at  least  as  far  as  Phil*  or  New- 
York,  where  I  shall  be  able  to  take  my  final  resolution. 
Adieu.  Yrs  sincerely. 


1785.  LETTERS.  177 

TO  JOHN  BROWN,  (KENTUCKY.) 

ORANGE,  August  23,  1785. 

DEAR  SIR, — Your  favour  of  the  12th  of  July  was  safely  de- 
livered to  me  by  Mr.  Craig.  I  accept  with  pleasure  your  pro- 
posed exchange  of  Western  for  Eastern  intelligence,  and  though 
I  am  a  stranger  to  parental  ties,  can  sufficiently  conceive  the 
happiness  of  which  they  are  a  source  to  congratulate  you  on 
your  possession  of  two  fine  sons  and  a  daughter.  I  do  not  smile 
at  the  idea  of  transplanting  myself  into  your  wilderness.  Such 
a  change  of  my  abode  is  not,  indeed,  probable,  yet  I  have  no 
local  partialities  which  can  keep  me  from  any  place  which  prom- 
ises the  greatest  real  advantages.  But  if  such  a  removal  was 
not  even  possible,  I  should  nevertheless  be  ready  to  communi- 
cate, as  you  desire,  my  Ideas  towards  a  constitution  of  Govern- 
ment for  the  State  in  embryo. 

I  pass  over  the  general  policy  of  the  measure  which  calls  for 
such  a  provision.  It  has  been  unanimously  embraced  by  those 
who,  being  most  interested  in  it,  must  have  best  considered  it, 
and  will,  I  dare  say,  be  with  equal  unanimity  acceded  to  by  the 
other  party,  [Congress,]  which  is  to  be  consulted.  I  will  first 
offer  some  general  remarks  on  the  subject,  and  then  answer 
your  several  queries. 

1.  The  Legislative  Department  ought  by  all  means,  as  I 
think,  to  include  a  Senate,  constituted  on  such  principles  as  will 
give  wisdom  and  steadiness  to  legislation.  The  want  of  these 
qualities  is  the  grievance  complained  of  in  all  our  republics. 
The  want  of  fidelity  in  the  administration  of  power  having  been 
the  grievance  felt  under  most  governments,  and  by  the  Amer- 
ican States  themselves  under  the  British  government,  it  was 
natural  for  them  to  give  too  exclusive  an  attention  to  this  pri- 
mary attribute.  The  Senate  of  Maryland,  with  a  few  amend- 
ments, is  a  good  model.  Trial  has,  I  am  told,  verified  the  ex- 
pectations from  it.  A  similar  one  made  a  part  of  our  Consti- 
tution as  it  was  originally  proposed,  but  the  inexperience  and 
jealousy  of  our  then  Councils  rejected  it  in  favor  of  our  present 
Senate;  a  worse  could  hardly  have  been  substituted;  and  yet, 

VOL.  i.  12 


178  WORKS    OF    MADISON.  1785. 

bad  as  it  is,  it  is  often  a  useful  bit  in  the  mouth  of  the  House 
of  Delegates.  Not  a  single  Session  passes  without  instances  of 
sudden  resolutions  by  the  latter,  of  which  they  repent  in  time 
to  intercede  privately  with  the  Senate  for  their  negative.  For 
the  other  branch,  models  enough  may  be  found;  care  ought, 
however,  to  be  taken  against  its  becoming  too  numerous,  by  fix- 
ing the  number  which  it  is  never  to  exceed.  The  quorum,  wages, 
and  privileges,  of  both  branches,  ought  also  to  be  fixed.  A  ma- 
jority seems  to  be  the  natural  quorum.  The  wages  of  the  mem- 
bers may  be  made  payable  for  years  to  come,  in  the  medium 
value  of  wheat  for  years  preceding,  as  the  same  shall  from 
period  to  period  be  rated  by  a  respectable  jury  appointed  for  that 
purpose  by  the  Supreme  Court.  The  privileges  of  the  members 
ought  not,  in  my  opinion,  to  extend  beyond  an  exemption  of  their 
persons  and  equipage  from  arrests  during  the  time  of  their 
actual  service.  If  it  were  possible,  it  would  be  well  to  define 
the  extent  of  the  Legislative  power;  but  the  nature  of  it  seems 
in  many  respects  to  be  indefinite.  It  is  very  practicable,  how- 
ever, to  enumerate  the  essential  exceptions.  The  Constitution 
may  expressly  restrain  them  from  meddling  with  religion;  from 
abolishing  Juries;  from  taking  away  the  Habeas  Corpus;  from 
forcing  a  citizen  to  give  evidence  against  himself;  from  controul- 
ing  the  press;  from  enacting  retrospective  laws,  at  least  in  crim- 
inal cases;  from  abridging  the  right  of  suffrage;  from  taking 
private  property  for  public  use  without  paying  its  full  value; 
from  licensing  the  importation  of  slaves;  from  infringing  the 
confederation,  &c.,  &c. 

As  a  further  security  against  fluctuating  and  indigested  laws, 
the  Constitution  of  New  York  has  provided  a  Council  of  Re- 
vision. I  approve  much  of  such  an  institution,  and  believe  it  is 
considered  by  the  most  intelligent  citizens  of  that  State  as  a 
valuable  safeguard  both  to  public  interests  and  to  private  rights. 
Another  provision  has  been  suggested  for  preserving  system  in 
Legislative  proceedings,  which  to  some  may  appear  still  better. 
It  is  that  a  standing  committee,  composed  of  a  few  select  and 
and  skilful  individuals,  should  be  appointed  to  prepare  bills  on 
all  subjects  which  they  may  judge  proper  to  be  submitted  to  the 


1783.  LETTERS.  179 

Legislature  at  their  meetings,  and  to  draw  bills  for  them  during 
their  Sessions.  As  an  antidote  both  to  the  jealousy  and  danger 
of  their  acquiring  an  improper  influence,  they  might  be  made 
incapable  of  holding  any  other  office,  Legislative,  Executive,  or 
Judiciary.  I  like  this  suggestion  so  much  that  I  have  had 
thoughts  of  proposing  it  to  our  Assembly,  who  give  almost  as 
many  proofs  as  they  pass  laws  of  their  need  of  some  such  assist- 
ance. 

2.  The  Executive  Department.     Though  it  claims  the  second 
place,  it  is  not  in  my  estimation  entitled  to  it  by  its  importance, 
all  the  great  powers  which  are  properly  executive  being  trans- 
ferred to  the  Federal  Government.     I  have  made  up  no  final 
opinion  whether  the  first  Magistrate  should  be  chosen  by  the 
Legislature  or  the  people  at  large,  or  whether  the  power  should 
be  vested  in  one  man,  assisted  by  a  Council,  or  in  a  Council,  of 
which  the  President  shall  be  only  primus  inter  pares.     There 
are  examples  of  each  in  the  United  States;  and  probably  ad- 
vantages and  disadvantages  attending  each.     It  is  material,  I 
think,  that  the  number  of  members  should  be  small,  and  that 
their  Salaries  should  be  either  unalterable  by  the  Legislature, 
or  alterable  only  in  such  manner  as  will  not  affect  any  individ- 
ual in  place.     Our  Executive  is  the  worst  part  of  a  bad  Con- 
stitution.   The  members  of  it  are  dependent  on  the  Legislature 
not  only  for  their  wages,  but  for  their  reputation,  and  therefore 
are  not  likely  to  withstand  usurpations  of  that  branch;  they 
are,  besides,  too  numerous  and  expensive;  their  organization 
vague  and  perplexed;  and  to  crown  the  absurdity,  some  of  the 
members  may,  without  any  new  appointment,  continue  in  Office 
for  life,  contrary  to  one  of  the  Articles  of  the  Declaration  of 
Rights. 

3.  The  Judiciary  Department  merits  every  care.    Its  efficacy 
is  demonstrated  in  Great  Britain,  where  it  maintains  private 
right  against  all  the  corruptions  of  the  two  other  Departments, 
and  gives  a  reputation  to  the  whole  government  which  it  is  not 
in  itself  entitled  to.     The  main  points  to  be  attended  to  are: 
1.  That  the  Judges  should  hold  their  places  during  good  be- 
haviour.    2.  That  their  Salaries  should  be  either  fixed  like  the 


180  WORKS    OF    MADISON.  1733. 

wages  of  the  Representatives,  or  not  be  alterable  so  as  to  affect 
the  Individuals  in  Office.  3.  That  their  Salaries  be  liberal. 
The  first  point  is  obvious;  without  the  second,  the  independence 
aimed  at  by  the  first  will  be  ideal  only;  without  the  third,  the 
bar  will  be  superior  to  the  bench,  which  destroys  all  security 
for  a  systematic  administration  of  justice.  After  securing  these 
essential  points,  I  should  think  it  unadvisable  to  descend  so  far 
into  detail  as  to  bar  any  future  modification  of  this  department 
which  experience  may  recommend.  An  enumeration  of  the  prin- 
cipal Courts,  with  power  to  the  Legislature  to  institute  inferior 
Courts,  may  suffice.  The  Admiralty  business  can  never  be  ex- 
tensive in  your  situation,  and  may  be  referred  to  one  of  the 
other  Courts.  With  regard  to  a  Court  of  Chancery,  as  distinct 
from  a  Court  of  Law,  the  reasons  of  Lord  Bacon  on  the  affirma- 
tive side  outweigh,  in  my  judgment,  those  of  Lord  Kaimes  on  the 
other  side;  yet  I  should  think  it  best  to  leave  this  important 
question  to  be  decided  by  future  lights,  without  tying  the  hands 
of  the  Legislature  one  way  or  the  other.  I  consider  our  County 
Courts  as  on  a  bad  footing,  and  would  never,  myself,  consent  to 
copy  them  into  another  Constitution. 

All  the  States  seem  to  have  seen  the  necessity  of  providing 
for  Impeachments,  but  none  of  them  to  have  hit  on  an  unexcep- 
tionable tribunal.  In  some  the  trial  is  referred  to  the  Senate, 
in  others  to  the  Executive,  in  others  to  the  Judiciary  depart- 
ment. It  has  been  suggested  that  a  tribunal  composed  of  mem- 
bers from  each  department  would  be  better  than  either,  and 
I  entirely  concur  in  that  opinion.  I  proceed  next  to  your 
queries. 

1.  "Whether  is  a  representation  according  to  numbers,  or 
"  property,  or  in  a  joint  proportion  to  both,  the  most  safe?  Or 
"  is  a  representation  by  Counties  preferable  to  a  more  equitable 
"  mode  that  will  be  difficult  to  adjust?"  Under  this  question 
may  be  considered:  1.  The  right  of  suffrage.  2.  The  mode  of 
suffrage.  3.  The  plan  of  representation.  As  to  the  first,  I 
think  the  extent  which  ought  to  be  given  to  this  right  a  matter 
of  great  delicacy  and  of  critical  importance.  To  restrain  it  to 
the  land  holders  will  in  time  exclude  too  great  a  proportion  of 


1785.  LETTERS.  181 

citizens;  to  extend  it  to  all  citizens  without  regard  to  property, 
or  even  to  all  who  possess  a  pittance,  may  throw  too  much 
power  into  hands  which  will  either  abuse  it  themselves  or  sell 
it  to  the  rich  who  will  abuse  it.  I  have  thought  it  might  be  a 
good  middle  course  to  narrow  this  right  in  the  choice  of  the 
least  popular,  and  to  enlarge  it  in  that  of  the  more  popular 
branch  of  the  Legislature.  There  is  an  example  of  this  distinc- 
tion in  North  Carolina,  if  in  none  of  the  other  States.  How  it 
operates  or  is  relished  by  the  people  I  cannot  say.  It  would 
not  be  surprising  if  in  the  outset,  at  least,  it  should  offend  the 
sense  of  equality  which  reigns  in  a  free  country.  In  a  general 
view,  I  see  no  reason  why  the  rights  of  property,  which  chiefly 
bears  the  burden  of  Government,  and  is  so  much  an  object  of 
Legislation,  should  not  be  respected  as  well  as  personal  rights 
in  the  choice  of  Rulers.  It  must  be  owned,  indeed,  that  prop- 
erty will  give  influence  to  the  holder,  though  it  should  give  him 
no  legal  privileges,  and  will  in  general  be  safe  on  that  as  well 
as  on  other  accounts,  especially  if  the  business  of  legislation  be 
guarded  with  the  provisions  hinted  at.  2.  As  to  the  mode  of 
suffrage,  I  lean  strongly  to  that  of  the  ballot,  notwithstanding 
the  objections  which  lie  against  it.  It  appears  to  me  to  be  the 
only  radical  cure  for  those  arts  of  electioneering  which  poison 
the  very  fountain  of  Liberty.  The  States  in  which  the  ballot 
has  been  the  standing  mode  are  the  only  instances  in  which 
elections  are  tolerably  chaste  and  those  arts  in  disgrace.  If  it 
should  be  thought  improper  to  fix  this  mode  by  the  Constitu- 
tion, I  should  think  it  at  least  necessary  to  avoid  any  constitu- 
tional bar  to  a  future  adoption  of  it.*  3.  By  the  plan  of  rep- 
resentation I  mean:  1.  The  classing  of  the  electors.  2.  The 
proportioning  of  the  representatives  to  each  class.  The  first 
cannot  be  otherwise  done  than  by  geographical  description,  as 
by  Counties.  The  second  may  easily  be  done,  in  the  first  in- 
stance, either  by  comprising  within  each  County  an  equal  num- 
ber of  Electors,  or  by  proportioning  the  number  of  representa- 
tives of  each  County  to  its  number  of  Electors.  The  difficulty 

*  The  Constitution  of  New  York  directs  an  experiment  on  this  subject. 


132  WORKS     OF    MADISON.  1785. 

arises  from  the  disproportionate  increase  of  electors  in  different 
Counties.  There  seem  to  be  two  methods  only  by  which  the 
representation  can  be  equalized  from  time  to  time.  The  first  is 
to  change  the  bounds  of  the  Counties;  the  second,  to  change  the 
number  of  representatives  allotted  to  them,  respectively.  As 
the  former  would  not  only  be  most  troublesome  and  expensive, 
but  would  involve  a  variety  of  other  adjustments,  the  latter 
method  is  evidently  the  best.  Examples  of  a  Constitutional 
provision  for  it  exists  in  several  of  the  States.  In  some  it  is  to 
be  executed  periodically;  in  others,  pro  re  nata.  The  latter 
seems  most  accurate  and  very  practicable.  I  have  already  in- 
timated the  propriety  of  fixing  the  number  of  representatives, 
which  ought  never  to  be  exceeded;  I  should  suppose  one  hun- 
dred and  fifty,  or  even  one  hundred,  might  safely  be  made  the 
ne  plus  ultra  for  Kentucky. 

2.  "Which  is  to  be  preferred;  an  annual,  triennial,  or  septen- 
"  nial  succession  to  offices,  or  frequent  elections  without  limita- 
"  tions  in  choice,  or  that  officers  when  chosen  should  continue 
"  quamdiu  se  bene  gesserint?"  The  rule  ought  no  doubt  to  be 
different  in  the  different  departments  of  power.  For  one  part 
of  the  Legislature  annual  elections  will,  I  suppose,  be  held  in- 
dispensable; though  some  of  the  ablest  Statesmen  and  soundest 
Republicans  in  the  United  States  are  in  favor  of  triennial.  The 
great  danger  in  departing  from  annual  elections  in  this  case 
lies  in  the  want  of  some  other  natural  term  to  limit  the  depar- 
ture. For  the  other  branch,  four  or  five  years  may  be  the  period. 
For  neither  branch  does  it  seem  necessary  or  proper  to  prohibit 
an  indefinite  re-eligibility.  With  regard  to  the  Executive,  if 
the  elections  be  frequent,  and  particularly  if  made  as  to  any 
member  of  it  by  the  people  at  large,  a  re-eligibility  cannot,  I 
think,  be  objected  to.  If  they  be  unfrequent,  a  temporary  or 
perpetual  incapacitation,  according  to  the  degree  of  unfrequency, 
at  least  in  the  case  of  the  first  Magistrate,  may  not  be  amiss. 
As  to  the  Judiciary  department,  enough  has  been  said;  and  as 
to  the  subordinate  officers,  civil  and  military,  nothing  need  be 
said  more  than  that  a  regulation  of  their  appointments  may, 
under  a  few  restrictions,  be  safely  trusted  to  the  Legislature. 


1785.  LETTERS.  183 

3.  "How  far  may  the  same  person  with  propriety  be  em- 
"  ployed  in  the  different  departments  of  Government  in  an  in- 
"  fant  country,  where  the  counsel  of  every  individual  may  be 
"  needed?  "    Temporary  deviations  from  fundamental  principles 
are  always  more  or  less  dangerous.     When  the  first  pretext 
fails,  those  who  become  interested  in  prolonging  the  evil  will 
rarely  be  at  a  loss  for  other  pretexts.     The  first  precedent,  too, 
familiarises  the  people  to  the  irregularity,  lessens  their  venera- 
tion for  those  fundamental  principles,  and  makes  them  a  more 
easy  prey  to  ambition  and  self  interest.    Hence  it  is  that  abuses 
of  every  kind,  when  once  established,  have  been  so  often  found 
to  perpetuate  themselves.     In  this  caution,  I  refer  chiefly  to  an 
improper  mixture  of  the  three  great  Departments  within  the 
State.     A  delegation  to  Congress  is,  I  conceive,  compatible 
with  either. 

4.  "  Should  there  be  a  periodical  review  of  the  Constitution? " 
Nothing  appears  more  eligible  in  theory,  nor  has  sufficient  trial, 
perhaps,  been  yet  made  to  condemn  it  in  practice.     Pennsylva- 
nia has  alone  adopted  the  expedient.    Her  citizens  are  much 
divided  on  the  subject  of  their  Constitution  in  general,  and 
probably  on  this  part  of  it  in  particular.   I  am  inclined  to  think, 
though  am  far  from  being  certain,  that  it  is  not  a  favorite  part 
even  with  those  who  are  fondest  of  their  Constitution.   Another 
plan  has  been  thought  of,  which  might,  perhaps,  succeed  better, 
and  would  at  the  same  time  be  a  safeguard  to  the  equilibrium 
of  the  constituent  departments  of  Government.     This  is,  that  a 
majority  of  any  two  of  the  three  departments  should  have  au- 
thority to  call  a  plenipotentiary  convention  whenever  they  may 
think  their  constitutional  powers  have  been  violated  by  the 
other  department,  or  that  any  material  part  of  the  Constitution 
needs  amendment.     In  your  situation,  I  should  think  it  both 
imprudent  and  indecent  not  to  leave  a  door  open  for  at  least 
one  revision  of  your  first  establishment — imprudent,  because 
you  have  neither  the  same  resources  for  supporting  nor  the 
same  lights  for  framing  a  good  establishment  now  as  you  will 
have  fifteen  or  twenty  years  hence — indecent,  because  an  hand- 
ful of  early  settlers  ought  not  to  preclude  a  populous  country 


184  WORKS    OF    MADISON.  1785. 

from  a  choice  of  the  Government  under  which  they  and  their 
posterity  are  to  live.  Should  your  first  Constitution  be  made 
thus  temporary,  the  objections  against  an  intermediate  union  of 
offices  will  be  proportionably  lessened.  Should  a  revision  of  it 
aot  be  made  thus  necessary  and  certain,  there  will  be  little 
probability  of  its  being  ever  revised.  Faulty  as  our  Constitu- 
tion is,  as  well  with  regard  to  the  authority  which  formed  it  as 
to  the  manner  in  which  it  is  formed,  the  issue  of  an  experiment 
has  taught  us  the  difficulty  of  amending  it.  And  although  the 
issue  might  have  proceeded  from  the  unseasonableness  of  the 
time,  yet  it  may  be  questioned  whether,  at  any  future  time,  the 
greater  depth  to  which  it  will  have  stricken  its  roots  will  not 
counterbalance  any  more  auspicious  circumstances  for  overturn- 
ing it. 

5  &  6.  "  Or  will  it  be  better  unalterably  to  fix  some  leading 
"  principles  in  government,  and  make  it  consistent  for  the  Legis- 
"  lature  to  introduce  such  changes  in  lesser  matters  as  may 
"become  expedient?  Can  Censors  be  provided  that  will  im- 
"  partially  point  out  deficiences  in  the  Constitution  and  the 
"  violations  that  may  happen?" 

Answers  on  these  points  may  be  gathered  from  what  has  been 
already  said. 

I  have  been  led  to  offer  my  sentiments  in  this  loose  form 
rather  than  to  attempt  a  delineation  of  such  a  plan  of  govern- 
ment as  would  please  myself,  not  only  by  my  ignorance  of  many 
local  circumstances  and  opinions  which  must  be  consulted  in 
such  a  work,  but  also  by  the  want  of  sufficient  time  for  it.  At 
the  receipt  of  your  letter  I  had  other  employment,  and  what  I 
now  write  is  in  the  midst  of  preparations  for  a  journey  of  busi- 
ness, which  will  carry  me  as  far  as  Philadelphia  at  least,  and 
on  which  I  shall  set  out  in  a  day  or  two. 

I  am  sorry  that  it  is  not  in  my  power  to  give  you  some  satis- 
factory information  concerning  the  Mississippi.  A  Minister 
from  Spain  has  been  with  Congress  for  some  time,  and  is  au- 
thorised, as  I  understand,  to  treat  on  whatever  subjects  may 
concern  the  two  nations.  If  any  explanations  or  propositions 
have  passed  between  him  and  the  Minister  of  Congress,  they 


1785.  JEFFERSON'S    DRAUGHT,    ETC.  185 

are  as  yet  in  the  list  of  Cabinet  secrets.  As  soon  as  any  such 
shall  be  made  public  and  come  to  my  knowledge,  I  shall  take 
the  first  opportunity  of  transmitting  them.  Wishing  you  and 
your  family  all  happiness, 

I  am,  Dr  Sir,  your  friend  and  servant. 


The  Constitutions  of  the  several  States  were  printed  in  a 
small  volume  a  year  or  two  ago,  by  order  of  Congress.  A  peru- 
sal of  them  need  not  be  recommended  to  you.  Having  but  a 
single  copy,  I  cannot  supply  you.  It  is  not  improbable  that 
you  may  be  already  possessed  of  one.  The  revisal  of  our  laws 
by  Jefferson,  Wythe,  and  Pendleton,  beside  their  value  in  im- 
proving the  legal  code,  may  suggest  something  worthy  of  being 
attended  to  in  framing  a  Constitution. 


[Remarks  on  Mr.  Jefferson's  "  Draught  of  a  Constitution  for  Virginia,"*  sent 
from  New  York  to  Mr.  John  Brown,  Kentucky,  October  1788 :] 

The  term  of  two  years  is  too  short.    Six 
Senate.  . 

years  are   not  more   than   sufficient.     A 

Senate  is  to  withstand  the  occasional  impetuosities  of  the  more 
numerous  branch.  The  members  ought,  therefore,  to  derive  a 
firmness  from  the  tenure  of  their  places.  It  ought  to  supply 
the  defect  of  knowledge  and  experience  incident  to  the  other 
branch;  there  ought  to  be  time  given,  therefore,  for  attaining  the 
qualifications  necessary  for  that  purpose.  It  ought,  finally,  to 
maintain  that  system  and  steadiness  in  public  affairs  without 
which  no  government  can  prosper  or  be  respectable.  This  can- 
not be  done  by  a  body  undergoing  a  frequent  change  of  its  mem- 
bers. A  Senate  for  six  years  will  not  be  dangerous  to  liberty; 
on  the  contrary,  it  will  be  one  of  its  best  guardians.  By  cor- 
recting the  infirmities  of  popular  government,  it  will  prevent 
that  disgust  against  that  form  which  may  otherwise  produce  a 

*  Contained  in  appendix  to  "Notes  on  Virginia." 


186  WORKS    OF    MADISON.  1785. 

sudden  transition  to  some  very  different  one.  It  is  no  secret 
to  any  attentive  and  dispassionate  observer  of  the  political  situ- 
ation of  the  United  States,  that  the  real  danger  to  republican 
liberty  has  lurked  in  that  cause. 

The  appointment  of  Senators  by  districts  seems  to  be  objec- 
tionable. A  spirit  of  locality  is  inseparable  from  that  mode. 
The  evil  is  fully  displayed  in  the  County  representations,  the 
members  of  which  are  everywhere  observed  to  lose  sight  of  the 
aggregate  interests  of  the  community,  and  even  to  sacrifice  them 
to  the  interests  or  prejudices  of  their  respective  constituents. 
In  general,  these  local  interests  are  miscalculated.  But  it  is 
not  impossible  for  a  measure  to  be  accommodated  to  the  partic- 
ular interests  of  every  County  or  district,  when  considered  by 
itself,  and  not  so,  when  considered  in  relation  to  each  other 
and  to  the  whole  State;  in  the  same  manner  as  the  interests  of 
individuals  may  be  very  different  in  a  state  of  nature  and  in  a 
political  union.  The  most  effectual  remedy  for  the  local  bias 
is  to  impress  on  the  minds  of  the  Senators  an  attention  to  the 
interest  of  the  whole  society,  by  making  them  the  choice  of  the 
whole  Society,  each  citizen  voting  for  every  Senator.  The  objec- 
tion here  is,  that  the  fittest  characters  would  not  be  sufficiently 
known  to  the  people  at  large.  But,  in  free  governments,  merit 
and  notoriety  of  character  are  rarely  separated;  and  such  a 
regulation  would  connect  them  more  and  more  together.  Should 
this  mode  of  election  be  on  the  whole  not  approved,  that  estab- 
lished in  Maryland  presents  a  valuable  alternative.  The  latter 
affords,  perhaps,  a  greater  security  for  the  selection  of  merit. 
The  inconveniences  chargeable  on  it  are  two:  first,  that  the 
Council  of  electors  favors  cabal.  Against  this,  the  shortness 
of  its  existence  is  a  good  antidote.  Secondly,  that  in  a  large 
State  the  meeting  of  the  electors  must  be  expensive  if  they  be 
paid,  or  badly  attended  if  the  service  is  onerous.  To  this  it 
may  be  answered  that,  in  a  case  of  such  vast  importance,  the 
expense,  which  could  not  be  great,  ought  to  be  disregarded. 
"Whichever  of  these  modes  may  be  preferred,  it  cannot  be  amiss 
so  far  to  admit  the  plan  of  districts  as  to  restrain  the  choice  to 
persons  residing  in  different  parts  of  the  State.  Such  a  regula- 


1785.  JEFFERSON'S    DRAUGHT,    ETC.  137 

tion  will  produce  a  diffusive  confidence  in  the  body,  which  is 
not  less  necessary  than  the  other  means  of  rendering  it  useful. 
In  a  State  having  large  towns  which  can  easily  unite  their 
votes,  the  precaution  would  be  essential  to  an  immediate  choice 
by  the  people  at  large.  In  Maryland  no  regard  is  paid  to  resi- 
dence, and,  what  is  remarkable,  vacancies  are  filled  by  the  Sen- 
ate itself.  This  last  is  an  obnoxious  expedient,  and  cannot  in 
any  point  of  view  have  much  effect.  It  was  probably  meant  to 
obviate  the  trouble  of  occasional  meetings  of  the  electors.  But 
the  purpose  might  have  been  otherwise  answered  by  allowing 
the  unsuccessful  candidates  to  supply  vacancies  according  to  the 
order  of  their  standing  on  the  list  of  votes,  or  by  requiring  pro- 
visional appointments  to  be  made  along  with  the  positive  ones. 
If  an  election  by  districts  be  unavoidable,  and  the  ideas  here 
suggested  be  sound,  the  evil  will  be  diminished  in  proportion 
to  the  extent  given  to  the  districts,  taking  two  or  more  Sena- 
tors from  each  district. 

The  first  question  arising  here  is  how 
Electors.  8 

far  property  ought  to  be  made  a  qualifica- 
tion. There  is  a  middle  way  to  be  taken,  which  corresponds  at 
once  with  the  theory  of  free  government  and  the  lessons  of  ex- 
perience. A  freehold  or  equivalent  of  a  certain  value  may  be 
annexed  to  the  right  of  voting  for  Senators,  and  the  right  left 
more  at  large  in  the  election  of  the  other  House.  Examples  of 
this  distinction  may  be  found  in  the  Constitutions  of  several 
States,  particularly,  if  I  mistake  not,  of  North  Carolina  and 
New  York.  This  middle  mode  reconciles  and  secures  the  two 
cardinal  objects  of  government,  the  rights  of  persons  and  the 
rights  of  property.  The  former  will  be  sufficiently  guarded  by 
one  branch,  the  latter  more  particularly  by  the  other.  Give  all 
power  to  property,  and  the  indigent  will  be  oppressed.  Give  it 
to  the  latter,  and  the  effect  may  be  transposed.  Give  a  defen- 
sive share  to  each,  and  each  will  be  secure.  The  necessity  of 
thus  guarding  the  rights  of  property  was,  for  obvious  reasons, 
unattended  to  in  the  commeneement  of  the  Revolution.  In  all 
the  governments  which  were  considered  as  beacons  to  republi- 


188  WORKS    OF    MADISON.  1783. 

can  patriots  and  lawgivers,  the  rights  of  persons  were  subjected 
to  those  of  property.  The  poor  were  sacrificed  to  the  rich.  In 
the  existing  state  of  American  population  and  of  American 
property,  the  two  classes  of  rights  were  so  little  discriminated, 
that  a  provision  for  the  rights  of  persons  was  supposed  to  in- 
clude of  itself  those  of  property;  and  it  was  natural  to  infer, 
from  the  tendency  of  republican  laws,  that  these  different  inter- 
ests would  be  more  and  more  identified.  Experience  and  in- 
vestigation have,  however,  produced  more  correct  ideas  on  this 
subject.  It  is  now  observed  that  in  all  populous  countries  the 
smaller  part  only  can  be  interested  in  preserving  the  rights  of 
property.  It  must  be  foreseen  that  America,  and  Kentucky  it- 
self, will  by  degrees  arrive  at  this  state  of  society;  that  in  some 
parts  of  the  Union  a  very  great  advance  is  already  made  to- 
wards it.  It  is  well  understood  that  interest  leads  to  injustice, 
as  well  where  the  opportunity  is  presented  to  bodies  of  men  as 
to  individuals;  to  an  interested  majority  in  a  Republic,  as  to 
the  interested  minority  in  any  other  form  of  government.  The 
time  to  guard  against  this  danger  is  at  the  first  forming  of  the 
Constitution,  and  in  the  present  state  of  population,  when  the 
bulk  of  the  people  have  a  sufficient  interest  in  possession  or  in 
prospect  to  be  attached  to  the  rights  of  property,  without  being 
insufficiently  attached  to  the  rights  of  persons.  Liberty,  not 
less  than  justice,  pleads  for  the  policy  here  recommended.  If 
all  power  be  suffered  to  slide  into  hands  not  interested  in  the 
rights  of  property,  which  must  be  the  case  whenever  a  majority 
fall  under  that  description,  one  of  two  things  cannot  fail  to  hap- 
pen; either  they  will  unite  against  the  other  description  and 
become  the  dupes  and  instruments  of  ambition,  or  their  poverty 
and  dependence  will  render  them  the  mercenary  instruments  of 
wealth.  In  either  case  liberty  will  be  subverted:  in  the  first, 
by  a  despotism  growing  out  of  anarchy;  in  the  second,  by  an 
oligarchy  founded  on  corruption. 

The  second  question  under  this  head  is,  whether  the  ballot 
be  not  a  better  mode  than  that  of  voting  viva  voce.  The  com- 
parative experience  of  the  States  pursuing  the  different  modes 


1783.  JEFFERSON'S    DRAUGHT,    ETC.  189 

is  in  favor  of  the  first.  It  is  found  less  difficult  to  guard  against 
fraud  in  that  than  against  bribery  in  the  other. 

Does  not  the  exclusion  of  Ministers  of 
the  Gospel,  as  such,  violate  a  fundamental 
principle  of  liberty,  by  punishing  a  religious  profession  with  the 
privation  of  a  civil  right?  Does  it  not  violate  another  article 
of  the  plan  itself,  which  exempts  religion  from  the  cognizance 
of  Civil  power?  Does  it  not  violate  justice,  by  at  once  taking 
away  a  right  and  prohibiting  a  compensation  for  it?  Does  it 
not,  in  fine,  violate  impartiality,  by  shutting  the  door  against  the 
Ministers  of  one  religion  and  leaving  it  open  for  those  of  every 
other  ? 

The  re-eligibility  of  members  after  accepting  offices  of  profit 
is  so  much  opposed  to  the  present  way  of  thinking  in  America, 
that  any  discussion  of  the  subject  would  probably  be  a  waste  of 
time. 

It  is  at  least  questionable  whether  death 

Limits  of  power.  * 

ought  to  be  confined  to  treason  and  mur- 
der." It  would  not,  therefore,  be  prudent  to  tie  the  hands  of 
government  in  the  manner  here  proposed.  The  prohibition  of 
pardon,  however  specious  in  theory,  would  have  practical  con- 
sequences which  render  it  inadmissible.  A  single  instance  is  a 
sufficient  proof.  The  crime  of  treason  is  generally  shared  by  a 
number  and  often  a  very  great  number.  It  would  be  politically 
if  not  morally  wrong  to  take  away  the  lives  of  all,  even  if  every 
individual  were  equally  guilty.  What  name  would  be  given  to 
a  severity  which  made  no  distinction  between  the  legal  and  the 
moral  offence;  between  the  deluded  multitude  and  their  wicked 
leaders?  A  second  trial  would  not  avoid  the  difficulty;  because 
the  oaths  of  the  jury  would  not  permit  them  to  hearken  to  any 
voice  but  the  inexorable  voice  of  the  law. 

The  power  of  the  Legislature  to  appoint  any  other  than  their 
own  officers  departs  too  far  from  the  theory  which  requires  a 
separation  of  the  great  departments  of  government.  One  of  the 
best  securities  against  the  creation  of  unnecessary  offices  or  ty- 
rannical powers  is  an  exclusion  of  the  authors  from  all  share 
in  filling  the  one,  or  influence  in  the  execution  of  the  other. 


190  WORKS     OF    MADISON.  1785. 

The  proper  mode  of  appointing  to  offices  will  fall  under  another 
head. 

An  election  by  the  Legislature  is  liable 

Executive  Governor.  .  ,  .       .     ' 

to  insuperable  objections.  It  not  only 
tends  to  faction,  intrigue,  and  corruption,  but  leaves  the  Exec- 
utive under  the  influence  of  an  improper  obligation  to  that  De- 
partment. An  election  by  the  people  at  large,  as  in  this*  and 
several  other  States,  or  by  electors,  as  in  the  appointment  of 
the  Senate  in  Maryland,  or,  indeed,  by  the  people,  thro7  any  other 
channel  than  .their  legislative  representatives,  seems  to  be  far 
preferable.  The  ineligibility  a  second  time,  tho'  not  perhaps 
without  advantages,  is  also  liable  to  a  variety  of  strong  objec- 
tions. It  takes  away  one  powerful  motive  to  a  faithful  and 
useful  administration,  the  desire  of  acquiring  that  title  to  a  re- 
appointment.  By  rendering  a  periodical  change  of  men  neces- 
sary, it  discourages  beneficial  undertakings,  which  require  per- 
severance and  system,  or,  as  frequently  happened  in  the  Roman 
Consulate,  either  precipitates  or  prevents  the  execution  of  them. 
It  may  inspire  desperate  enterprises  for  the  attainment  of  what 
is  not  attainable  by  legitimate  means.  It  fetters  the  judgment 
and  inclination  of  the  community;  and  in  critical  moments 
would  either  produce  a  violation  of  the  Constitution  or  exclude 
a  choice  which  might  be  essential  to  the  public  safety.  Add  to 
the  whole,  that  by  putting  the  Executive  Magistrate  in  the  sit- 
uation of  the  tenant  of  an  unrenewable  lease,  it  would  tempt 
him  to  neglect  the  constitutional  rights  of  his  department,  and 
to  connive  at  usurpations  by  the  Legislative  department,  with 
which  he  may  connect  his  future  ambition  or  interest. 

The  clause  restraining  the  first  magistrate  from  the  immedi- 
ate command  of  the  military  force  would  be  made  better  by 
excepting  cases  in  which  he  should  receive  the  sanction  of  the 
two  branches  of  the  Legislature. 

The  following  variations  are  suggested : 
Council  of  State. 

1.  Ihe  election  to  be  made  by  the  people 

immediately,  or  thro'  some  other  medium  than  the  Legislature. 

*  New  York,  where  these  remarks  were  penned. 


1783.  JEFFERSON'S    DRAUGHT,    ETC.  191 

2.  A  distributive  choice  should  perhaps  be  secured,  as  in  the 
case  of  the  Senate.  3.  Instead  of  an  ineligibility  a  second 
time,  a  rotation  in  the  Federal  Senate,  with  an  abridgment  of 
the  term,  to  be  substituted. 

The  appointment  to  offices  is,  of  all  the  functions  of  Republi- 
can, and  perhaps  every  other  form  of  government,  the  most  dif- 
ficult to  guard  against  abuse.  Give  it  to  a  numerous  body,  and 
you  at  once  destroy  all  responsibility,  and  create  a  perpetual 
source  of  faction  and  corruption.  Give  it  to  the  Executive 
wholly,  and  it  may  be  made  an  engine  of  improper  influence  and 
favoritism.  Suppose  the  power  were  divided  thus :  let  the  Ex- 
ecutive alone  make  all  the  subordinate  appointments,  and  the 
Governor  and  Senate,  as  in  the  Federal  Constitution,  those  of 
the  superior  order.  It  seems  particularly  fit  that  the  Judges, 
who  are  to  form  a  distinct  department,  should  owe  their  offices 
partly  to  each  of  the  other  departments,  rather  than  wholly  to 
either. 

Much  detail  ought  to  be  avoided  in  the 

J  ud  1013,  rv 

Constitutional  regulation  of  this  Depart- 
ment, that  there  may  be  room  for  changes  which  may  be  de- 
manded by  the  progressive  changes  in  the  state  of  our  popula- 
tion. It  is  at  least  doubtful  whether  the  number  of  courts,  the 
number  of  Judges,  or  even  the  boundaries  of  jurisdiction,  ought 
to  be  made  unalterable  but  by  a  revisal  of  the  Constitution. 
The  precaution  seems  no  otherwise  necessary  than  as  it  may 
prevent  sudden  modifications  of  the  establishment,  or  addition 
of  obsequious  judges,  for  the  purpose  of  evading  the  checks  of 
the  Constitution  and  giving  effect  to  some  sinister  policy  of  the 
Legislature.  But  might  not  the  same  object  be  otherwise  at- 
tained? by  prohibiting,  for  example,  any  innovations  in  those 
particulars  without  the  consent  of  that  department?  or  without 
the  annual  sanction  of  two  or  three  successive  Assemblies,  over 
and  above  the  other  pre-requisites  to  the  passage  of  a  law  ? 

The  model  here  proposed  for  a  Court  of  Appeals  is  not  rec- 
ommended by  experience.  It  is  found,  as  might  well  be  pre- 
sumed, that  the  members  are  always  warped  in  their  appellate 
decisions  by  an  attachment  to  the  principles  and  jurisdiction  of 


192  WORKS    OF    MADISON.  1783. 

their  respective  Courts,  and  still  more  so  by  the  previous  de- 
cision on  the  case  removed  by  appeal.  The  only  efficient  cure 
for  the  evil  is  to  form  a  Court  of  Appeals  of  distinct  and  select 
Judges.  The  expense  ought  not  to  be  admitted  as  an  objection : 
1.  Because  the  proper  administration  of  justice  is  of  too  essen- 
tial a  nature  to  be  sacrificed  to  that  consideration.  2.  The 
number  of  inferior  judges  might,  in  that  case,  be  lessened.  3. 
The  whole  department  may  be  made  to  support  itself  by  a  judi- 
cious tax  on  law  proceedings. 

The  excuse  for  non-attendance  would  be  a  more  proper  sub- 
ject of  enquiry  somewhere  else  than  in  the  Court  to  which  the 
party  belonged.  Delicacy,  mutual  convenience,  &c.,  would  soon 
reduce  the  regulation  to  mere  form;  or  if  not,  it  might  become 
a  disagreeable  source  of  little  irritations  among  the  members. 
A  certificate  from  the  local  Court,  or  some  other  local  author- 
ity, where  the  party  might  reside  or  happen  to  be  detained  from 
his  duty,  expressing  the  cause  of  absence,  as  well  as  that  it  was 
judged  to  be  satisfactory,  might  be  safely  substituted.  Few 
Judges  would  improperly  claim  their  wages  if  such  a  formality 
stood  in  the  way.  These  observations  are  applicable  to  the 
Council  of  State. 

A  Court  of  Impeachment  is  among  the  most  puzzling  articles 
of  a  Republican  Constitution;  and  it  is  far  more  easy  to  point 
out  defects  in  any  plan  than  to  supply  a  cure  for  them.  The 
diversified  expedients  adopted  in  the  Constitutions  of  the  sev- 
eral States  prove  how  much  the  compilers  were  embarrassed  on 
this  subject.  The  plan  here  proposed  varies  from  all  of  them, 
and  is,  perhaps,  not  less  than  any,  a  proof  of  the  difficulties 
which  pressed  the  ingenuity  of  its  author.  The  remarks  arising 
on  it  are:  1.  That  it  seems  not  to  square  with  reason  that  the 
right  to  impeach  should  be  united  to  that  of  trying  the  impeach- 
ment, and  consequently,  in  a  proportional  degree,  to  that  of 
sharing  in  the  appointment  of  or  influence  on  the  Tribunal  to 
which  the  trial  may  belong.  2.  As  the  Executive  and  Judi- 
ciary would  form  a  majority  of  the  Court,  and  either  have  a 
right  to  impeach,  too  much  might  depend  on  a  combination  of 
these  departments.  This  objection  would  be  still  stronger  if 


1785.  JEFFERSON'S    DRAUGHT,    ETC.  193 

the  members  of  the  Assembly  were  capable,  as  proposed,  of 
holding  offices,  and  were  amenable  in  that  capacity  to  the 
Court.  3.  The  House  of  Delegates  and  either  of  those  depart- 
ments could  appoint  a  majority  of  the  Court.  Here  is  another 
danger  of  combination,  and  the  more  to  be  apprehended,  as  that 
branch  of  the  Legislature  would  also  have  the  right  to  impeach, 
a  right  in  their  hands  of  itself  sufficiently  weighty;  and  as  the 
power  of  the  Court  would  extend  to  the  head  of  the  Executive, 
by  whose  independence  the  constitutional  rights  of  that  Depart- 
ment are  to  be  secured  against  legislative  usurpations.  4.  The 
dangers  in  the  two  last  cases  would  be  still  more  formidable, 
as  the  power  extends  not  only  to  deprivation,  but  to  future  in- 
capacity of  office.  In  the  case  of  all  officers  of  sufficient  impor- 
tance to  be  objects  of  factious  persecution,  the  latter  branch  of 
power  is,  in  every  view,  of  a  delicate  nature.  In  that  of  the 
Chief  Magistrate,  it  seems  inadmissible  if  he  be  chosen  by  the 
Legislature,  and  much  more  so  if  immediately  by  the  people 
themselves.  A  temporary  incapacitation  is  the  most  that  could 
be  properly  authorised. 

The  two  great  desiderata  in  a  Court  of  Impeachments  are: 
1.  Impartiality.  2.  Respectability;  the  first  in  order  to  a  right, 
the  second  in  order  to  a  satisfactory  decision.  These  character- 
istics are  aimed  at  in  the  following  modification:  Let  the  Sen- 
ate be  denied  the  right  to  impeach.  Let  one-third  of  the  mem- 
bers be  struck  out,  by  alternate  nominations  of  the  prosecutors 
and  party  impeached;  the  remaining  two-thirds  to  be  the  stamen 
of  the  Court.  When  the  House  of  Delegates  impeach,  let  the 
Judges,  or  a  certain  proportion  of  them,  and  the  Council  of 
State,  be  associated  in  the  trial;  when  the  Governor  or  Council 
impeaches,  let  the  Judges  only  be  associated;  when  the  Judges 
impeach,  let  the  Council  only  be  associated.  But  if  the  party 
impeached  by  the  House  of  Delegates  be  a  member  of  the  Ex- 
ecutive or  Judiciary,  let  that  of  which  he  is  a  member  not 
be  associated.  If  the  party  impeached  belong  to  one  and 
be  impeached  by  the  other  of  these  branches,  let  neither  of 
them  be  associated,  the  decision  being  in  this  case  left  with  the 
Senate  alone;  or  if  that  be  thought  exceptionable,  a  few  mem- 

VOL.  i.  13 


194  WORKS    OF    MADISON.  1785. 

bers  might  be  added  by  the  House  of  Delegates.  Two-thirds 
of  the  Court  should  in  all  cases  be  necessary  to  a  conviction, 
and  the-  Chief  Magistrate,  at  least,  should  be  exempt  from  a  sen- 
tence of  perpetual,  if  not  of  temporary  incapacity.  It  is  ex- 
tremely probable  that  a  critical  discussion  of  this  outline  may 
discover  objections  which  do  not  occur.  Some  do  occur;  but 
appear  not  to  be  greater  than  are  incident  to  any  different  mod- 
ification of  the  Tribunal. 

The  establishment  of  trials  by  jury  and  viva  voce  testimony, 
in  all  cases  and  in  all  Courts,  is,  to  say  the  least,  a  delicate  ex- 
periment; and  would  most  probably  be  either  violated,  or  be 
found  inconvenient. 

A  revisionary  power  is  meant  as  a  check 

Council  of  Revision.  . 

to  precipitate,  to  unjust,  and  to  unconsti- 
tutional laws.  These  important  ends  would,  it  is  conceded,  be 
more  effectually  secured,  without  disarming  the  Legislature  of 
its  requisite  authority,  by  requiring  bills  to  be  separately  com- 
municated to  the  Executive  and  Judiciary  departments.  If 
either  of  these  object,  let  two-thirds,  if  both,  three-fourths,  of 
each  House  be  necessary  to  overrule  the  objection ;  and  if  either 
or  both  protest  against  a  bill  as  violating  the  Constitution,  let 
it  moreover  be  suspended,  notwithstanding  the  overruling  pro- 
portion of  the  Assembly,  until  there  shall  have  been  a  subse- 
quent election  of  the  House  of  Delegates  and  a  re-passage  of 
the  bill  by  two-thirds  or  three-fourths  of  both  houses,  as  the  case 
may  be.  It  should  not  be  allowed  the  Judges  or  the  Executive 
to  pronounce  a  law  thus  enacted  unconstitutional  and  invalid. 

In  the  State  Constitutions,  and,  indeed,  in  the  Federal  one 
also,  no  provision  is  made  for  the  case  of  a  disagreement  in  ex- 
pounding them;  and  as  the  Courts  are  generally  the  last  in 
making  the  decision,  it  results  to  them,  by  refusing  or  not  re- 
fusing to  execute  a  law,  to  stamp  it  with  its  final  character. 
This  makes  the  Judiciary  department  paramount  in  fact  to  the 
Legislature,  which  was  never  intended  and  can  never  be  proper. 

The  extension  of  the  Habeas  Corpus  to  the  cases  in  which  it 
has  been  usually  suspended  merits  consideration  at  least.  If 
there  be  emergencies  which  call  for  such  a  suspension,  it  can 


1785.  LETTERS.  195 

have  no  effect  to  prohibit  it,  because  the  prohibition  will  as- 
suredly give  way  to  the  impulse  of  the  moment;  or  rather,  it 
will  have  the  bad  effect  of  facilitating  other  violations  that  may 
be  less  necessary.  The  exemption  of  the  press  from  liability  in 
every  case  for  true  facts  is  also  an  innovation,  and,  as  such, 
ought  to  be  well  considered.  This  essential  branch  of  liberty 
is,  perhaps,  in  more  danger  of  being  interrupted  by  local  tumults, 
or  the  silent  awe  of  a  predominant  party,  than  by  any  direct 
attacks  of  power. 


TO  THOMAS  JEFFERSON. 

PHILADELPHIA,  October  3d,  1785. 

DEAR  SIR, — In  pursuance  of  the  plan  intimated  in  my  last,  I 
came  to  this  city  about  three  weeks  ago,  from  which  I  contin- 
ued my  trip  to  New  York.  I  returned  last  night,  and  in  a  day 
or  two  shall  start  for  Virginia.  Col.  Monroe  had  left  Phil- 
adelphia a  few  days  before  I  reached  it,  on  his  way  to  a  treaty 
to  be  held  with  the  Indians  about  the  end  of  this  month  on  the 
Wabash.  If  a  visit  to  the  Eastern  States  had  been  his  choice, 
short  as  the  time  would  have  proved,  I  should  have  made  an 
effort  to  attend  him.  As  it  is,  I  must  postpone  that  gratifica- 
tion, with  a  purpose,  however,  of  embracing  it  on  the  first  con- 
venient opportunity. 

Your  favor  of  the  11  May,  by  Monsr  Doradour,  inclosing 
your  cypher,  arrived  in  Virginia  after  I  left  it,  and  was  sent 
after  me  to  this  place.  Your  notes  which  accompanied  it  re- 
mained behind,  and  consequently  I  can  only  now  say  on  that 
subject  that  I  shall  obey  your  request  on  my  return,  which  rny 
call  to  Richmond  will  give  me  an  early  opportunity  of  doing. 

During  my  stay  at  New  York  I  had  several  conversations 
with  the  Virginia  Delegates,  but  with  few  others,  on  the  affairs 
of  the  confederacy.  I  find  with  much  regret  that  these  are,  as 
yet,  little  redeemed  from  the  confusion  which  has  so  long  mor- 
tified the  friends  to  our  national  honor  and  prosperity.  Con- 
gress have  kept  the  vessel  from  sinking,  but  it  has  been  by 


196  WORKS    OP    MADISON.  1785. 

standing  constantly  at  the  pump,  not  by  stopping  the  leaks 
which  have  endangered  her.  All  their  efforts  for  the  latter 
purpose  have  been  frustrated  by  the  selfishness  or  perverseness 
of  some  part  or  other  of  their  constituents.  The  desiderata 
most  strongly  urged  by  our  past  experience  and  our  present 
situation  are:  1.  A  final  discrimination  between  such  of  the 
unauthorised  expences  of  the  States  as  ought  to  be  added  to  the 
common  debt,  and  such  as  ought  not.  2.  A  constitutional  ap- 
portionment of  the  common  debt,  either  by  a  valuation  of  the 
lands,  or  a  change  of  the  article  which  requires  it.  3.  A  rec- 
ognition by  the  States  of  the  authority  of  Congress  to  enforce 
payment  of  their  respective  quotas.  4.  A  grant  to  Congress 
of  an  adequate  power  over  trade. 

It  is  evident  to  me  that  the  first  object  will  never  be  effected 
in  Congress,  because  it  requires  in  those  who  are  to  decide  it 
the  spirit  of  impartial  judges,  whilst  the  spirit  of  those  who 
compose  Congress  is  rather  that  of  advocates  for  the  respective 
interests  of  their  constituents.  If  this  business  were  referred 
to  a  commission  filled  by  a  member  chosen  by  Congress  out  of 
each  State,  and  sworn  to  impartiality,  I  should  have  hopes  of 
seeing  an  end  of  it.  The  2d  object  affords  less  ground  of  hope. 
The  execution  of  the  8th  article  of  Confederation  is  generally 
held  impracticable,  and  Rhode  Island,  if  no  other  State,  has  put 
its  veto  on  the  proposed  alteration  of  it.  Until  the  3d'  object 
can  be  obtained,  the  Requisitions  of  Congress  will  continue  to 
be  mere  calls  for  voluntary  contributions,  which  every  State 
will  be  tempted  to  evade,  by  the  uniform  experience  that  those 
States  have  come  off  best  which  have  done  so  most.  The  pres- 
ent plan  of  federal  Government  reverses  the  first  principle  of 
all  Government.  It  punishes  not  the  evil-doers,  but  those  that 
do  well.  It  may  be  considered,  I  think,  as  a  fortunate  circum- 
stance for  the  United  States,  that  the  use  of  coercion,  or  such 
provision  as  would  render  the  use  of  it  unnecessary,  might  be 
made  at  little  expence  and  perfect  safety.  A  single  frigate 
under  the  orders  of  Congress  could  make  it  the  interest  of  any 
one  of  the  Atlantic  States  to  pay  its  just  quota.  With  regard 
to  such  of  the  ultramontane  States  as  depend  on  the  trade  of 


1785.  LET  TEES.  197 

f 

the  Mississippi,  as  small  a  force  would  have  the  same  effect; 
whilst  the  residue  trading  through  the  Atlantic  States  might  be 
wrought  upon  by  means  more  indirect,  indeed,  but  perhaps  suf- 
ficiently effectual. 

The  fate  of  the  4th  object  is  still  suspended.  The  Recom- 
mendations of  Congress  on  this  subject,  past  before  your  depart- 
ure, have  been  positively  complied  with  by  few  of  the  States,  I 
believe;  but  I  do  not  learn  that  they  have  been  rejected  by  any. 
A  proposition  has  been  agitated  in  Congress,  and  will,  I  am 
told,  be  revived,  asking  from  the  States  a  general  and  perma- 
nent authority  to  regulate  trade,  with  a  proviso  that  it  shall  in 
no  case  be  exercised  without  the  assent  of  eleven  States  in  Con- 
gress. The  Middle  States  favor  the  measure;  the  Eastern  are 
zealous  for  it;  the  Southern  are  divided.  Of  the  Virginia  del- 
egation, the  president*  is  an  inflexible  adversary,  Grayson  un- 
friendly, and  Monroe  and  Hardy  warm  on  the  opposite  side. 
If  the  proposition  should  pass  Congress,  its  fate  will  depend 
much  on  the  reception  it  may  find  in  Virginia,  and  this  will  de- 
pend much  on  the  part  which  may  be  taken  by  a  few  members 
of  the  Legislature.  The  prospect  of  its  being  levelled  against 
Great  Britain  will  be  most  likely  to  give  it  popularity. 

In  this  suspence  of  a  general  provision  for  our  commercial 
interests,  the  more  suffering  States  are  seeking  relief  from  par- 
tial efforts,  which  are  less  likely  to  obtain  it  than  to  drive  their 
trade  into  other  channels,  and  to  kindle  heart-burnings  on  all 
sides.  Massachusetts  made  the  beginning;  Pennsylvania  has 
followed  with  a  catalogue  of  duties  on  foreign  goods  and  ton- 
nage, which  could  scarcely  be  enforced  against  the  smuggler,  if 
New  Jersey,  Delaware,  and  Maryland,  were  to  co-operate  with 
her.  The  avowed  object  of  these  duties  is  to  encourage  domes- 
tic manufactures,  and  prevent  the  exportation  of  coin  to  pay 
for  foreign.  The  Legislature  had  previously  repealed  the  in- 
corporation of  the  Bank,  as  the  cause  of  the  latter  and  a  great 
many  other  evils.  South  Carolina,  I  am  told,  is  deliberating 
on  the  distresses  of  her  commerce,  and  will  probably  concur  in 

*  E.  H.  Lee. 


198  WORKS    OF    MADISON.  1785. 

some  general  plan,  with  a  proviso,  no  doubt,  against  any  re- 
straint from  importing  slaves,  of  which  they  have  received  from 
Africa  since  the  peace  about  twelve  Thousand.  She  is  also  de- 
liberating on  the  emission  of  paper  money,  and  it  is  expected 
she  will  legalize  a  supension  of  Judicial  proceedings,  which  has 
been  already  effected  by  popular  combinations.  The  pretext 
for  these  measures  is  the  want  of  specie  occasioned  by  the  un- 
favorable balance  of  trade. 

Your  introduction  of  Mr.  T.  Franklin  has  been  presented  to 
me.  The  arrival  of  his  Grandfather  has  produced  an  emulation 
among  the  different  parties  here  in  doing  homage  to  his  char- 
acter. He  will  be  unanimously  chosen  president  of  the  State, 
and  will  either  restore  to  it  an  unexpected  quiet  or  lose  his 
own.  It  appears,  from  his  answer  to  some  applications,  that  he 
will  not  decline  the  appointment. 

On  my  journey  I  called  at  Mount  Vernon,  and  had  the  pleas- 
ure of  finding  the  General  in  perfect  health.  He  had  just  re- 
turned from  a  trip  up  the  Potomac.  He  grows  more  and  more 
sanguine  as  he  examines  further  into  the  practicability  of  open- 
ing its  navigation.  The  subscriptions  are  completed  within  a 
few  shares,  and  the  work  is  already  begun  at  some  of  the  lesser 
obstructions.  It  is  overlooked  by  Rumsey,  the  inventor  of  the 
boats,  which  I  have  in  former  letters  mentioned  to  you.  He 
has  not  yet  disclosed  his  secret.  He  had  of  late  nearly  finished 
a  boat  of  proper  size,  which  he  meant  to  have  exhibited,  but  the 
House  which  contained  it  and  materials  for  others  was  con- 
sumed by  fire.  He  assured  the  General  that  the  enlargement 
of  his  machinery  did  not  lessen  the  prospect  of  utility  afforded 
by  the  miniature  experiments.  The  General  declines  the  shares 
voted  him  by  the  Assembly,  but  does  not  mean  to  withdraw  the 
money  from  the  object  which  it  is  to  aid,  and  will  even  appro- 
priate the  future  tolls,  I  believe,  to  some  useful  public  estab- 
lishment, if  any  such  can  be  devised  that  will  both  please  him- 
self and  be  likely  to  please  the  State. 

This  is  accompanied  by  a  letter  from  our  amiable  friend,  Mrs. 
Trist,  to  Miss  Patsy.  She  got  back  safe  to  her  friends  in  Au- 
gust, and  is  as  well  as  she  has  generally  been;  but  her  cheerful- 


1785.  LETTERS.  199 

ness  seems  to  be  rendered  less  uniform  than  it  once  was  by  the 
scenes  of  adversity  through  which  fortune  has  led  her.  Mrs. 
House  is  well,  and  charges  me  not  to  omit  her  respectful  and 
affectionate  compliments  to  you. 

I  remain,  dear  sir,  yours. 


TO  GENERAL  WASHINGTON. 

RICHMOND,  NoV  llth,  1785. 

DEAR  SIR, — I  received  your  favor  of  the  29th  ultimo  on  Thurs- 
day. That  by  Col.  Lee  had  been  previously  delivered.  Your 
letter  for  the  Assembly  was  laid  before  them  yesterday.  I  have 
reason  to  believe  that  it  was  received  with  every  sentiment 
which  could  correspond  with  yours.  Nothing  passed  from  which 
any  conjecture  could  be  formed  as  to  the  objects  which  would 
be  most  pleasing  for  the  appropriation  of  the  fund.  The  dispo- 
sition is,  I  am  persuaded,  much  stronger  to  acquiesce  in  your 
choice,  whatever  it  may  be,  than  to  lead  or  anticipate  it.  I  see 
no  inconveniency  in  your  taking  time  for  a  choice  that  will 
please  yourself.  The  letter  was  referred  to  a  committee,  which 
will  no  doubt  make  such  a  report  as  will  give  effect  to  your 
wishes. 

Our  Session  commenced  very  inauspiciously  with  a  contest 
for  the  chair,  whicli  was  followed  by  a  rigid  scrutiny  into  Mr. 
Harrison's  election  in  his  County.  He  gained  the  chair  by  a 
majority  of  six  votes,  and  retained  his  seat  by  a  majority  of  still 
fewer.  His  residence  was  the  point  on  which  the  latter  ques- 
tion turned.  Doctor  Lee's  election  was  questioned  on  a  simi- 
lar point,  and  was  also  established;  but  it  was  held  to  be  va- 
cated by  his  acceptance  of  a  lucrative  post  under  the  United 
States.  The  House  have  engaged  with  some  alacrity  in  the 
consideration  of  the  Revised  Code,  prepared  by  Mr.  Jefferson, 
Mr.  Pendleton,  and  Mr.  Wythe.  The  present  temper  promises 
an  adoption  of  it  in  substance.  The  greatest  danger  arises 
from  its  length,  compared  with  the  patience  of  the  members.  If 


200  WORKS    OF    MADISON.  1785. 

it  is  persisted  in,  it  must  exclude  several  matters  which  are  of 
moment,  but,  I  hope,  only  for  the  present  Assembly.  The  pulse 
of  the  House  of  Delegates  was  felt  on  Thursday  with  regard  to 
a  general  manumission,  by  a  petition  presented  on  that  subject. 
It  was  rejected  without  dissent,  but  not  without  an  avowed 
patronage  of  its  principle  by  sundry  respectable  members.  A 
motion  was  made  to  throw  it  under  the  table,  which  was  treated 
with  as  much  indignation  on  one  side  as  the  petition  itself  was 
on  the  other.  There  are  several  petitions  before  the  House 
against  any  step  towards  freeing  the  Slaves,  and  even  praying 
for  a  repeal  of  the  law  which  licences  particular  manumissions. 

The  merchants  of  several  of  our  towns  have  made  representa- 
tions on  the  distress  of  our  commerce,  which  have  raised  the 
question  whether  relief  shall  be  attempted  by  a  reference  to 
Congress,  or  by  measures  within  our  own  compass.  On  a  pretty 
full  discussion,  it  was  determined  by  a  large  majority  that  the 
power  over  trade  ought  to  be  vested  in  Congress,  under  certain 
qualifications.  If  the  qualifications  suggested,  and  no  others, 
should  be  annexed,  I  think  they  will  not  be  subversive  of  the 
principle;  tho'  they  will,  no  doubt,  lessen  its  utility.  The 
Speaker,  Mr.  M.  Smith,  and  Mr.  Braxton,  are  the  champions 
against  Congress.  Mr.  Thruston  and  Mr.  White  have  since 
come  in,  and  I  fancy  I  may  set  down  both  as  auxiliaries. 

They  are  not  a  little  puzzled,  however,  by  the  difficulty  of 
substituting  any  practicable  regulations  within  ourselves.  Mr. 
Braxton  proposed  two,  that  did  not  much  aid  his  side  of  the 
question.  The  first  was,  that  all  British  vessels  from  the  West 
Indies  should  be  excluded  from  our  ports;  the  second,  that  no 
merchant  should  carry  on  trade  here  until  he  should  have  been 

a  resident years.  Unless  some  plan  free  from  objection 

can  be  devised  for  this  State,  its  patrons  will  be  reduced  clearly 
to  the  dilemma  of  acceding  to  a  general  one,  or  leaving  our 
trade  under  all  its  present  embarrassments.  There  was  some 
little  skirmishing  on  the  ground  of  public  faith,  which  leads  me 
to  hope  that  its  friends  have  less  to  fear  than  was  surmised. 
The  Assize  and  Port  Bills  have  not  yet  been  awakened.  The 
Senate  will  make  a  House  to-day  for  the  first  time. 


1785.  REGULATION    OF    COMMERCE.  201 

Inclosed  herewith  are  two  Reports  from  the  commissioners 
for  examining  the  head  of  James  River,  &c.,  and  the  ground 
between  the  waters  of  Elizabeth  River  and  North  Carolina; 
also,  a  sensible  pamphlet  said  to  be  written  by  St.  George 
Tucker. 


[Notes  of  a  speech  made  by  Mr.  Madison  in  the  House  of  Delegates  of  Vir- 
ginia, in  the  month  of  November,  1785,  on  the  question  of  vesting  in  Congress 
the  general  power  of  regulating  commerce  for  all  the  States :] 

I.  General  regulations  necessary,  whether  the  object  be  to — 

1.  Counteract  foreign  plans. 

2.  Encourage  ships  and  seamen. 

3.        manufactures. 

4.  Revenue. 

5.  Frugality;  [articles  of  luxury  most  easily  run  from  State 
to  State.] 

6.  Embargo's  in  war — Case  of  Delaware  in  late  war. 

II.  Necessary  to  prevent  contention  among  States. 

1.  Case  of  French  Provinces;  Neckar  says  23,000  patrols 
employed  against  internal  contrabands. 

2.  Case  of  Massachusetts  and  Connecticut. 

3.  Case  of  New  York  and  New  Jersey. 

4.  Pennsylvania  and  Delaware. 

5.  Virginia  and  Maryland,  late  regulation. 

6.  Irish  propositions. 

III.  Necessary  to  justice  and  true  policy. 

1.  Connecticut  and  New  Hampshire. 

2.  New  Jersey. 

3.  North  Carolina. 

4.  Western  Country. 

IV.  Necessary  as  a  system  convenient  and  intelligible  to  for- 
eigners trading  to  the  United  States. 

V.  Necessary  as  within  reason  of  Federal  Constitution,  the 
regulation  of  trade  being  as  impracticable  by  States  as  peace, 
war,  ambassadors,  &c. 


202  WORKS    OF    MADISON.  1735. 

Treaties  of  commerce  ineffectual  without  it. 

VI.  Safe  with  regard  to  the  liberties  of  the  States. 

1.  Congress  may  be  trusted  with  trade  as  well  as  war,  &c. 

2.  Power  of  Treaties  involve  the  danger,  if  any. 

3.  Controul  of  States  over  Congress. 

4.  Example  of  Amphyctionic  League,  Achaean,  &c.,  Switzer- 
land, Holland,  Germany. 

5.  Peculiar  situation  of  United  States  increases  the  repellant 
power  of  the  States. 

VII.  Essential  to  preserve  federal  Constitution. 

1.  Declension  of  federal  Government. 

2.  Inadequacy  to  end  must  lead  States  to  substitute  some 
other  policy — no  institution  remaining  long  when  it  ceases  to 
be  useful,  &c. 

3.  Policy  of  Great  Britain  to  weaken  Union. 

VIII.  Consequences  of  dissolution  of  confederacy. 

1.  Appeal  to  sword  in  every  petty  squabble. 

2.  Standing  armies,  beginning  with  weak  and  jealous  States. 

3.  Perpetual  taxes. 

4.  Sport  of  foreign  politics. 

5.  Blast  glory  of  Revolution. 


TO   THOS   JEFFERSON. 

RICHMOND,  Nov.  15th,  1785. 

DEAR  SIR, — I  acknowledged  from  Philadelphia  your  favor 
of  the  llth  May.  On  my  return  to  Orange,  I  found  the  copy 
of  your  notes  brought  along  with  it  by  Mr.  Doradour.  I  have 
looked  them  over  carefully  myself,  and  consulted  several  judi- 
cious friends  in  confidence.  We  are  all  sensible  that  the  free- 
dom of  your  strictures  on  some  particular  measures  and  opinions 
will  displease  their  respective  abettors.  But  we  equally  con- 
cur in  thinking  that  this  consideration  ought  not  to  be  weighed 
against  the  utility  of  your  plan.  We  think  both  the  facts  and 
remarks  which  you  have  assembled  too  valuable  not  to  be  made 
known,  at  least  to  those  for  whom  you  destine  them,  and  speak 


1785.  LETTERS.  203 

of  them  to  one  another  in  terms  which  I  must  not  repeat  to  yeu. 
Mr.  Wythe  suggested  that  it  might  be  better  to  put  the  number 
you  may  allot  to  the  University  into  the  library,  rather  than  to 
distribute  them  among  the  students.  In  the  latter  case,  the 
stock  will  be  immediately  exhausted.  In  the  former,  the  dis- 
cretion of  the  professors  will  make  it  serve  the  students  as  they 
successively  come  in.  Perhaps,  too,  an  indiscriminate  gift  might 
offend  some  narrow-minded  parents. 

Mr.  Wythe  desired  me  to  present  you  with  his  most  friendly 
regards.  He  mentioned  the  difficulty  he  experiences  in  using 
his  pen  as  an  apology  for  not  giving  these  assurances  himself. 
I  postpone  my  account  of  the  Assembly  till  I  can  make  it  more 
satisfactory,  observing  only  that  we  are  at  work  on  the  Revi- 
sal,  and  I  am  not  without  hopes  of  seeing  it  pass  this  session, 
with  as  few  alterations  as  could  be  expected.  Some  are  made 
unavoidable  by  a  change  of  circumstances.  The  greatest  dan- 
ger is  to  be  apprehended  from  the  impatience  which  a  certain 
lapse  of  time  always  produces. 


TO  JAMES  MONROE. 

RICHMOND,  December  9th,  1785. 

DEAR  SIR, — Supposing  that  you  will  be  at  New  York  by  the 
time  this  reaches  it,  I  drop  a  few  lines  for  the  post  of  to-day. 
Mr.  Jones  tells  me  he  informed  you  that  a  substitute  had  been 
brought  forward  to  the  commercial  propositions  which  you  left 
on  the  carpet.  The  subject  has  not  since  been  called  up.  If 
any  change  has  taken  place  in  the  mind  of  the  House,  it  has  not 
been  unfavorable  to  the  idea  of  confiding  to  Congress  a  power 
over  trade.  I  am  far  from  thinking,  however,  that  a  perpetual 
power  can  be  made  palatable  at  this  time.  It  is  more  probable 
that  the  other  idea  of  a  Convention  of  Commissioners  to  An- 
napolis, from  the  States,  for  deliberating  on  the  state  of  com- 
merce and  the  degree  of  power  which  ought  to  be  lodged  in 
Congress,  will  be  attempted.  Should  it  fail  in  the  House,  it  is 
possible  that  a  revival  of  the  printed  propositions,  with  an  ex- 


204  WORKS    OF    MADISON. 

tension  of  their  term  to  twenty-five  years,  will  be  thought  on 
by  those  who  contend  that  something  of  a  general  nature  ought 
to  be  done.  My  own  opinion  is  unaltered.  The  propositions 
for  a  State  effort  have  passed,  and  a  bill  is  ordered  in,  but  the 
passage  of  the  bill  will  be  a  work  of  difficulty  and  uncertainty; 
many  having  acquiesced  in  the  preliminary  stages  who  will 
strenuously  oppose  the  measure  in  its  last  stages. 

No  decisive  vote  has  been  yet  taken  on  the  assize  bill.  I 
conceive  it  to  be  in  some  danger,  but  that  the  chance  is  in  its 
favour.  The  case  of  the  British  debts  will  be  introduced  in  a 
day  or  two.  We  have  got  through  more  than  half  of  the  Revi- 
sal.  The  criminal  bill  has  been  assailed  on  all  sides.  Mr. 
Mercer  has  proclaimed  unceasing  hostility  against  it.  Some 
alterations  have  been  made,  and  others  probably  will  be  made, 
but  I  think  the  main  principle  of  it  will  finally  triumph  over  all 
opposition.  I  had  hoped  that  this  session  would  have  finished 
the  code,  but  a  vote  against  postponing  the  further  considera- 
tion of  it  till  the  next  was  carried  by  so  small  a  majority,  that 
I  perceive  it  will  be  necessary  to  contend  for  nothing  more 
than  a  few  of  the  more  important  bills,  leaving  the  residue  of 
them  for  another  year. 

My  proposed  amendment  to  the  report  on  the  Memorial  of 
Kentucky  was  agreed  to  in  a  Committee  of  the  whole  without 
alteration,  and  with  very  few  dissents.  It  lies  on  the  table  for 
the  ratification  of  the  House.  The  members  from  that  district 
have  become  extremely  cold  on  the  subject  of  an  immediate  sep- 
aration. The  half  tax  is  postponed  till  March,  and  the  Septem- 
ber tax  till  November  next.  Not  a  word  has  passed  in  the 
House  as  to  a  paper  emission.  I  wish  to  hear  from  you  on  your 
arrival  at  New  York,  and  to  receive,  in  particular,  whatever 
you  may  be  at  liberty  to  disclose  with  regard  to  the  Treaty  of 
peace,  &c.,  with  Great  Britain. 


1785.  LETTERS.  205 

TO   GENEEAL   WASHINGTON. 

RICHMOND,  December  9th,  1785. 

DEAE  SIE, — Your  favor  of  November  30  was  received  a  few 
days  ago.  This  would  have  followed  much  earlier  the  one 
which  yours  acknowledges,  had  I  not  wished  it  to  contain  some 
final  information  relative  to  the  commercial  propositions.  The . 
discussion  of  them  has  consumed  much  time,  and  though  the 
absolute  necessity  of  some  such  general  system  prevailed  over 
all  the  efforts  of  its  adversaries  in  the  first  instance,  the  strata- 
gem of  limiting  its  duration  to  a  short  term  has  ultimately  dis- 
appointed our  hopes.  I  think  it  better  to  trust  to  further  ex- 
perience, and  even  distress,  for  an  adequate  remedy,  than  to  try 
a  temporary  measure,  which  may  stand  in  the  way  of  a  perma- 
nent one,  and  confirm  that  transatlantic  policy  which  is  founded 
on  our  supposed  distrust  of  Congress  and  of  one  another. 

Those  whose  opposition  in  this  case  did  not  spring  from  illib- 
eral animosities  towards  the  Northern  States  seem  to  have  been 
frightened,  on  one  side,  at  the  idea  of  a  perpetual  and  irrevocable 
grant  of  power,  and,  on  the  other,  flattered  with  a  hope  that  a 
temporary  grant  might  be  renewed  from  time  to  time,  if  its 
utility  should  be  confirmed  by  the  experiment.  But  we  have 
already  granted  perpetual  and  irrevocable  powers  of  a  more 
extensive  nature  than  those  now  proposed,  and  for  reasons  not 
stronger  than  the  reasons  which  urge  the  latter.  And  as  to  the 
hope  of  renewal,  it  is  the  most  visionary  one  that  perhaps  ever 
deluded  men  of  sense. 

Nothing  but  the  peculiarity  of  our  circumstances  could  ever 
have  produced  those  sacrifices  of  sovereignty  on  which  the  fed- 
eral Government  now  rests.  If  they  had  been  temporary,  and 
the  expiration  of  the  term  required  a  renewal  at  this  crisis, 
pressing  as  the  crisis  is,  and  recent  as  is  our  experience  of  the 
value  of  the  Confederacy,  sure  I  am  that  it  would  be  impossible 
to  revive  it.  What  room  have  we,  then,  to  hope  that  the  expira- 
tion of  temporary  grants  of  commercial  powers  would  always 
find  a  unanimous  disposition  in  the  States  to  follow  their  own 
example  ? 


206  WORKS    OF    MADISON.  1785. 

It  ought  to  be  remembered,  too,  that  besides  the  caprice,  jeal- 
ousy, and  diversity  of  opinions,  which  will  be  certain  obstacles 
in  our  way,  the  policy  of  foreign  nations  may  hereafter  imitate 
that  of  the  Macedonian  Prince  who  effected  his  purposes  against 
the  Grecian  Confederacy  by  gaining  over  a  few  of  the  leading 
men  in  the  smaller  members  of  it.  Add  to  the  whole,  that  the 
difficulty  now  found  in  obtaining  a  unanimous  concurrence  of 
the  States  in  any  measure  whatever  must  continually  increase 
with  every  increase  of  their  numbers,  and,  perhaps,  in  a  greater 
ratio,  as  the  ultramontane  States  may  either  have,  or  suppose 
they  have,  a  less  similitude  of  interests  to  the  Atlantic  States 
than  these  have  to  one  another. 

The  propositions,  however,  have  not  yet  received  the  final 
vote  of  the  House,  having  lain  on  the  table  for  some  time  as  a 
report  from  the  committee  of  the  whole.  The  question  was  sus- 
pended in  order  to  consider  a  proposition  which  had  for  its 
object  a  meeting  of  Politico-commercial  Commissioners  from 
all  the  States,  for  the  purpose  of  digesting  and  reporting  the 
requisite  augmentation  of  the  power  of  Congress  over  trade. 

What  the  event  will  be  cannot  be  foreseen.  The  friends  of 
the  original  propositions  are,  I  am  told,  rather  increasing;  but 
I  despair  of  a  majority,  in  any  event,  for  a  longer  term  than 
25  years  for  their  duration.  The  other  scheme  will  have  fewer 
enemies,  and  may,  perhaps,  be  carried.  It  seems  naturally  to 
grow  out  of  the  proposed  appointment  of  Commissioners  for 
Virginia  and  Maryland,  concerted  at  Mount  Vernon,  for  keep- 
ing up  harmony  in  the  commercial  regulations  of  the  two  States. 
Maryland  has  ratified  the  Report;  but  has  invited  into  the  plan 
Delaware  and  Pennsylvania,  who  will  naturally  pay  the  same 
compliment  to  their  neighbours,  &c. 

Besides  the  general  propositions  on  the  subject  of  trade,  it 
has  been  proposed  that  some  intermediate  measures  should  be 
taken  by  ourselves;  and  a  sort  of  navigation  act  will,  I  am  ap- 
prehensive, be  attempted.  It  is  backed  by  the  mercantile  inter- 
est of  most  of  our  towns,  except  Alexandria,  which  alone  seems 
to  have  liberality  and  light  on  the  subject.  It  was  refused  even 
to  suspend  the  measure  on  the  concurrence  of  Maryland  or  N. 


1785.  LETTERS.  207 

Carolina.  This  folly,  however,  cannot,  one  would  think,  brave 
the  ruin  which  it  threatens  to  our  Merchants,  as  well  as  people 
at  large,  when  a  final  vote  comes  to  be  given. 

We  have  got  through  a  great  part  of  the  Revisal,  and  might 
by  this  time  have  been  at  the  end  of  it,  had  the  time  wasted  in 
disputing  whether  it  could  be  finished  at  this  session  been  spent 
in  forwarding  the  work.  As  it  is,  we  must  content  ourselves 
with  passing  a  few  more  of  the  important  Bills,  leaving  the 
residue  for  our  successors  of  the  next  year.  As  none  of  the 
Bills  passed  are  to  be  in  force  till  January,  1787,  and  the  res- 
idue unpassed  will  probably  be  least  disputable  in  their  nature, 
this  expedient,  tho'  little  eligible,  is  not  inadmissible. 

Our  public  credit  has  had  a  severe  attack  and  a  narrow 
escape.  As  a  compromise,  it  has  been  necessary  to  set  forward 
the  half  tax  till  March,  and  the  whole  tax  of  September  next 
till  November  ensuing.  The  latter  postponement  was  meant  to 
give  the  planters  more  time  to  deal  with  the  Merchants  in  the 
sale  of  their  Tobacco,  and  is  made  a  permanent  regulation. 
The  Assize  Bill  is  now  depending.  It  has  many  enemies,  and 
its  fate  is  precarious.  My  hopes,  however,  prevail  over  my  ap- 
prehensions. The  fate  of  the  Port  Bill  is  more  precarious. 
The  failure  of  an  interview  between  our  Commissioners  and 
Commissioners  on  the  part  of  North  Carolina  has  embarrassed 
the  projected  Canal  between  the  waters  of  the  two  States.  If 
North  Carolina  were  entirely  well  disposed,  the  passing  an  act 
suspended  on  and  referred  to  her  Legislature  would  be  sufficient; 
and  this  course  must,  I  suppose,  be  tried,  tho'  previous  negocia- 
tion  would  have  promised  more  certain  success. 

Kentucky  has  made  a  formal  application  for  Independence. 
Her  memorial  has  been  considered  and  the  terms  of  separation 
fixed  by  a  committee  of  the  whole.  The  substance  of  them  is, 
that  all  private  rights  and  interests  derived  from  the  laws  of 
Virginia  shall  be  secured;  that  the  unlocated  lands  shall  be  ap- 
plied to  the  objects  to  which  the  laws  of  Virginia  have  appro- 
priated them;  that  non-residents  shall  be  subjected  to  no  higher 
taxes  than  residents;  that  the  Ohio  shall  be  a  common  high- 
way for  Citizens  of  the  United  States,  and  the  jurisdiction  of 


208  WORKS    OF    MADISON  1785> 

Kentucky  and  Virginia,  as  far  as  the  remaining  territory  of 
the  latter  will  lie  thereon,  be  concurrent  only  with  the  new 
States  on  the  opposite  shore;  that  the  proposed  State  shall  take 
its  due  share  of  our  State  debts;  and  that  the  separation  shall 
not  take  place  unless  these  terms  shall  be  approved  by  a  Con- 
vention to  be  held  to  decide  the  question,  nor  until  Congress 
shall  assent  thereto,  and  fix  the  terms  of  their  admission  into 
the  Union.  The  limits  of  the  proposed  State  are  to  be  the  same 
with  the  present  limits  of  the  District.  The  apparent  coolness 
of  the  Representatives  of  Kentucky  as  to  a  separation  since 
these  terms  have  been  defined  indicates  that  they  had  some 
views  which  will  not  be  favored  by  them.  They  disliked  much 
to  be  hung  up  on  the  will  of  Congress. 


TO  JAMES  MONROE. 

RICHMOND,  December  24,  1785. 

DEAR  SIR, — The  proceedings  of  the  Assembly  since  my  last, 
dated  this  day  week,  have  related:  1.  To  the  Bill  for  establish- 
ing Religious  freedom  in  the  Revisal.  2.  A  Bill  concerning 
British  debts.  3.  A  Bill  concerning  the  Proprietary  interest  in 
the  Northern  neck.  4.  For  reforming  the  County  Courts.  The 
first  employed  the  House  of  Delegates  several  days,  the  pre- 
amble being  the  principal  subject  of  contention.  It  at  length 
passed  without  alteration.  The  Senate,  I  am  told,  have  ex- 
changed, after  equal  altercation,  the  preamble  of  the  revisal  for 
the  last  clause  in  the  Declaration  of  Rights;  an  exchange  which 
was  proposed  in  the  House  of  Delegates  and  negatived  by  a 
considerable  majority.  I  do  not  learn  that  they  have  made,  or 
will  make,  any  other  alteration. 

The  Bill  for  the  payment  of  British  debts  is  nearly  a  tran- 
script of  that  which  went  through  the  two  Houses  last  year,  ex- 
cept that  it  leaves  the  periods  of  instalment  blank,  and  gives  the 
creditor  an  opportunity  of  taking  immediate  execution  for  the 
whole  debt,  if  the  debtor  refuses  to  give  security  for  complying 
with  the  instalments.  The  Bill  was  near  being  put  off  to  the 


1785.  LETTERS.  209 

next  session  on  the  second  reading.  A  majority  were  for  it; 
but  having  got  inadvertently  into  a  hobble,  from  the  manner  in 
which  the  question  was  put,  the  result  was,  that  Monday  next 
should  be  appointed  for  its  consideration.  The  arrival  and 
sentiments  of  Col.  Grayson  will  be  favorable  to  some  provision 
on  the  subject.  A  clause  is  annexed  to  the  Bill  authorising  the 
Executive  to  suspend  its  operation,  in  case  Congress  shall  sig- 
nify the  policy  of  so  doing.  The  general  cry  is,  that  the  Treaty 
ought  not  to  be  executed  here  until  the  posts  are  surrendered, 
and  an  attempt  will  be  made  to  suspend  the  operation  of  the 
Bill  on  that  event,  or,  at  least,  on  the  event  of  a  positive  dec- 
laration from  Congress  that  it  ought  to  be  put  in  force.  The 
last  mode  will  probably  be  fixed  on,  notwithstanding  its  depar- 
ture from  the  regular  course  of  proceeding,  and  the  embarrass- 
ment in  which  it  may  place  Congress. 

The  Bill  for  reforming  the  County  Courts  proposes  to  select 
five  Justices,  who  are  to  sit  quarterly,  be  paid  scantily,  and  to 
possess  the  civil  jurisdiction  of  the  County  courts,  and  the  crim- 
inal jurisdiction  of  the  General  Court,  under  certain  restric- 
tions. It  is  meant  as  a  substitute  for  the  Assize  system,  to  all 
the  objections  against  which  it  is  liable,  without  possessing  its 
advantages.  It  is  uncertain  whether  it  will  pass  at  all,  or  what 
form  it  will  finally  take.  I  am  inclined  to  think  it  will  be 
thrown  out.  The  Bill  relating  to  the  Northern  Neck  passed 
the  House  of  Delegates  yesterday.  It  removes  the  records  into 
the  Land  office  here,  assimilates  locations  of  surplus  land  to  the 
general  plan,  and  abolishes  the  Quit-rent.  It  was  suggested 
that  the  latter  point  was  of  a  judiciary  nature,  that  it  involved 
questions  of  fact,  of  law,  and  of  the  Treaty  of  peace,  and  that 
the  representatives  of  the  late  proprietor  ought  at  least  to  be 
previously  heard,  according  to  the  request  of  their  Agent.  Very 
little  attention  was  paid  to  these  considerations,  and  the  bill 
passed  almost  unanimously. 

VOL.  i.  14 


210  WORKS    OF    MADISON.  1785> 


TO  JAMES   MONROE. 

RrcHMOXD,  Dec'  30th,  1785. 

DEAR  SIR, — The  past  week  has  been  rendered  important  by 
nothing  but  some  discussions  on  the  subject  of  British  debts. 
The  bill  brought  in  varied  from  that  which  miscarried  last 
year :  1 .  By  adding  provision  in  favor  of  the  creditors  for  secu- 
ring payment  at  the  dates  of  the  instalments.  2.  By  annexing 
a  clause  empowering  the  Executive  to  suspend  the  operation  of 
the  act  in  case  Congress  should  notify  their  wish  to  that  effect. 
Great  difficulty  was  found  in  drawing  the  House  into  Commit- 
tee on  the  subject.  It  was  at  length  effected  on  Wednesday. 
The  changes  made  in  the  Bill  by  the  Committee  are:  1.  Stri- 
king out  the  clause  saving  the  Creditors  from  the  act  of  limita- 
tion, which  makes  the  whole  a  scene  of  mockery.  2.  Striking 
out  the  provision  for  securities.  3.  Converting  the  clause  au- 
thorizing Congress  to  direct  a  suspension  of  the  act  into  a 
clause  suspending  it  until  Congress  should  notify  to  the  Execu- 
tive that  Great  Britain  had  complied  with  the  Treaty  on  her 
part,  or  that,  they  were  satisfied  with  the  steps  taken  by  her  for 
evacuating  tlie  posts,  paying  for  Negroes,  and  for  a  full  compli- 
ance with  the  Treaty.  The  sentence  underlined  was  proposed 
as  an  amendment  to  the  amendment,  and  admitted  by  a  very 
small  majority  only.  4.  Exonerating  the  public  from  responsi- 
bility for  the  payments  into  the  Treasury  by  British  debtors 
beyond  the  real  value  of  the  liquidated  paper.  Since  these  pro- 
ceedings of  the  Committee  of  the  whole  the  subject  has  slept 
on  the  table,  no  one  having  called  for  the  report.  Being  con- 
vinced myself  that  nothing  can  be  now  done  that  will  not  ex- 
tremely dishonor  us  and  embarrass  Congress,  my  wish  is  that 
the  report  may  not  be  called  for  at  all. 

In  the  course  of  the  debates  no  pains  were  spared  to  dispar- 
age the  Treaty  by  insinuations  against  Congress,  the  Eastern 
States,  and  the  negociators  of  the  Treaty,  particularly  J.  Adams. 
These  insinuations  and  artifices  explain,  perhaps,  one  of  the 
motives  from  which  the  augmentation  of  the  federal  powers  and 
respectability  has  been  opposed. 


1786.  LETTERS.  211 

The  reform  of  the  County  Courts  has  dwindled  into  direc- 
tions for  going  through  the  docket  quarterly,  under  the  same 
penalties  as  now  oblige  them  to  do  their  business  monthly.  The 
experiment  has  demonstrated  the  impracticability  of  rendering 
these  courts  fit  instruments  of  Justice;  and  if  it  had  preceded 
the  Assize  Question,  would,  I  think,  have  ensured  its  success. 
Some  wish  to  renew  this  question  in  a  varied  form,  or  at  least 
under  a  varied  title,  but  the  session  is  too  near  its  period  for 
such  an  attempt.  When  it  will  end  I  know  not.  The  business 
depending  would  employ  the  House  till  March.  A  system  of 
navigation  and  commercial  regulations  for  this  State  alone  is 
before  us,  and  comprises  matter  for  a  month's  debate.  The 
compact  with  Maryland  has  been  ratified.  It  was  proposed  to 
submit  it  to  Congress  for  their  sanction,  as  being  within  the 
word  Treaty  used  in  the  Confederation.  This  was  opposed.  It 
was  then  attempted  to  transmit  it  to  our  Delegates,  to  be  by 
them  simply  laid  before  Congress.  Even  this  was  negatived  by 
a  large  majority. 


TO   THOMAS   JEFFERSON. 

RICHMOND,  January  22d,  1786. 

DEAR  SIR, — My  last,  dated  November  15th,  from  this  place, 
answered  yours  of  May  llth,  on  the  subject  of  your  printed 
notes.  I  have  since  had  opportunities  of  consulting  other 
friends  on  the  plan  you  propose,  who  concur  in  the  result  of  the 
consultations  which  I  transmitted  you.  Mr.  Wythe's  idea  seems 
to  be  generally  approved;  that  the  copies  destined  for  the  Uni- 
versity should  be  dealt  out  by  the  discretion  of  the  Professors, 
rather  than  indiscriminately  and  at  once  put  into  the  hands  of 
the  students,  which,  other  objections  apart,  would  at  once  ex- 
haust the  stock.  A  vessel  from  Havre  de  Grace  brought  me  a 
few  days  ago  two  Trunks  of  Books,  but  without  letter  or  cat- 
alogue attending  them.  I  have  forwarded  them  to  Orange 
without  examining  much  into  the  contents,  lest  I  should  miss  a 
conveyance  which  is  very  precarious  at  this  season,  and  be  de- 


212  WORKS    OF    MADISON.  178G- 

prived  of  the  amusement  they  promise  me  for  the  residue  of  the 
winter. 

Our  Assembly  last  night  closed  a  session  of  97  days,  during 
the  whole  of  which,  except  the  first  seven,  I  have  shared  in  the 
confinement.  It  opened  with  a  very  warm  struggle  for  the 
chair  between  Mr.  Harrison  and  Mr.  Tyler,  which  ended  in  the 
victory  of  the  former  by  a  majority  of  six  votes.  This  victory 
was  shortly  afterwards  nearly  frustrated  by  an  impeachment 
of  his  election  in  the  County  of  Surry.  Having  failed  in  his 
native  County  of  Charles  City,  he  abdicated  his  residence  there, 
removed  into  the  County  of  Surry,  where  he  had  an  estate,  took 
every  step  which  the  interval  would  admit  to  constitute  him- 
self an  inhabitant,  and  was,  in  consequence,  elected  a  represent- 
ative. A  charge  of  non-residence  was,  nevertheless,  brought 
against  him,  decided  against  him  in  the  committee  of  privileges 
by  the  casting  vote  of  the  Chairman,  and  reversed  in  the  House 
by  a  very  small  majority.  The  election  of  Doctor  Lee  was  at- 
tacked on  two  grounds:  1st,  of  non-residence;  2dly,  of  holding  a 
lucrative  office  under  Congress.  On  the  1st  he  was  acquitted; 
on  the  2d,  expelled  by  a  large  majority. 

The  revised  Code  was  brought  forward  prettly  early  in  the 
session.  It  was  first  referred  to  Committee  of  Courts  of  Jus- 
tice, to  report  such  of  the  bills  as  were  not  of  a  temporary  na- 
ture, and,  on  their  report,  committed  to  committee  of  the  whole. 
Some  difficulties  were  raised  as  to  the  proper  mode  of  proceed- 
ing, and  some  opposition  made  to  the  work  itself.  These,  how- 
ever, being  surmounted,  and  three  days  in  each  week  appropri- 
ated to  the  task,  we  went  on  slowly  but  successfully,  till  we 
arrived  at  the  bill  concerning  crimes  and  punishments.  Here 
the  adversaries  of  the  Code  exerted  their  whole  force,  which, 
being  abetted  by  the  impatience  of  its  friends  in  an  advanced 
stage  of  the  session,  so  far  prevailed  that  the  farther  prosecu- 
tion of  the  work  was  postponed  till  the  next  session. 

The  operation  of  the  bills  passed  is  suspended  until  the  be- 
ginning of  1787,  so  that,  if  the  code  should  be  resumed  by  the 
next  Assembly  and  finished  early  in  the  session,  the  whole  sys- 
tem may  commence  at  once.  I  found  it  more  popular  in  the 


1786.  LETTERS.  213 

Assembly  than  I  had  formed  any  idea  of,  and  though  it  was 
considered  by  paragraphs,  and  carried  through  all  the  custom- 
ary forms,  it  might  have  been  finished  at  one  session  with  great 
ease,  if  the  time  spent  on  motions  to  put  it  off  and  other  dila- 
tory artifices  had  been  employed  on  its  merits.  The  adversa- 
ries were  the  Speaker,  Thruston,  and  Mercer,  who  came  late  in 
the  session  into  a  vacancy  left  by  the  death  of  Col.  Brent,  of 
Stafford,  and  contributed  principally  to  the  mischief. 

The  titles  in  the  enclosed  list  will  point  out  to  you  such  of 
the  bills  as  were  adopted  from  the  Revisal.  The  alterations 
which  they  underwent  are  too  numerous  to  be  specified,  but 
have  not  materially  vitiated  the  work.  The  bills  passed  over 
were  either  temporary  ones,  such  as,  being  not  essential  as  parts 
of  the  system,  may  be  adopted  at  any  time,  and  were  likely  to 
impede  it  at  this,  or  such  as  have  been  rendered  unnecessary  by 
acts  passed  since  the  epoch  at  which  the  revisal  was  prepared. 
After  the  completion  of  the  work  at  this  session  was  despaired 
of,  it  was  proposed  and  decided  that  a  few  of  the  bills  following 
the  bill  concerning  crimes  and  punishments  should  be  taken  up, 
as  of  peculiar  importance. 

The  only  one  of  these  which  was  pursued  into  an  Act  is  the 
Bill  concerning  Religious  freedom.  The  steps  taken  through- 
out the  Country  to  defeat  the  General  Assessment  had  pro- 
duced all  the  effect  that  could  have  been  wished.  The  table 
was  loaded  with  petitions  and  remonstrances  from  all  parts 
against  the  interposition  of  the  Legislature  in  matters  of  Re- 
ligion. A  general  Convention  of  the  Presbyterian  church 
prayed  expressly  that  the  bill  in  the  revisal  might  be  passed 
into  a  law,  as  the  best  safeguard,  short  of  a  Constitutional  one, 
for  their  religious  rights.  The  bill  was  carried  thro'  the  House 
of  Delegates  without  alteration.  The  Senate  objected  to  the 
preamble,  and  sent  down  a  proposed  substitution  of  the  16th  ar- 
ticle of  the  Declaration  of  Rights.  The  House  of  Delegates 
disagreed.  The  Senate  insisted,  and  asked  a  Conference.  Their 
objections  were  frivolous  indeed.  In  order  to  remove  them,  as 
they  were  understood  by  the  Managers  of  the  House  of  Dele- 


214  WORKS    OF    MADISON.  1736. 

gates,  the  preamble  was  sent  up  again  from  the  House  of  Dele- 
gates with  one  or  two  verbal  alterations.  As  an  amendment 
to  these  the  Senate  sent  down  a  few  others,  which,  as  they  did 
not  affect  the  substance,  though  they  somewhat  defaced  the 
composition,  it  was  thought  better  to  agree  to  than  to  run  fur- 
ther risks,  especially  as  it  was  getting  late  in  the  Session  and 
the  House  growing  thin.  The  enacting  clauses  past  without  a 
single  alteration,  and  I  flatter  myself  have,  in  this  country,  ex- 
tinguished forever  the  ambitious  hope  of  making  laws  for  the 
human  mind. 

Acts  not  included  in  the  Revised. 

For   the   naturaliza-         This  was  brought  forward  by  Col.  Henry 
tion  of  the  Marquis  de     Lee,  Jr.,  and  passed  without  opposition. 
It  recites  his  merits  towards  this  Country, 
and  constitutes  him  a  Citizen  of  it. 

The  donation  presented  to  Gen1  Wash- 
To    amend    the    act      .  -i    i  • 
vesting  in  Gen1  Wash-     ington  embarrassed  him  much.     On  one 

ington  certain  shares  in  gj^e  he  disliked  the  appearance  of  slight- 
tne  River  Companies.  * 

ing  the  bounty  of  his  Country,  and  of  an 

ostentatious  disinterestedness.  On  the  other,  an  acceptance  of 
reward  in  any  shape  was  irreconcileable  with  the  law  he  had 
imposed  on  himself.  His  answer  to  the  Assembly  declined  in 
the  most  affectionate  terms  the  emolument  allotted  to  himself, 
but  intimated  his  willingness  to  accept  it  so  far  as  to  dedicate 
it  to  some  public  and  patriotic  use.  This  act  recites  the  origi- 
nal act  and  his  answer,  and  appropriates  the  future  revenue  from 
the  shares  to  such  public  objects  as  he  shall  appoint.  He  has 
been  pleased  to  ask  my  ideas  with  regard  to  the  most  proper 
objects.  I  suggest,  in  general  only,  a  partition  of  the  fund  be- 
tween some  institution  which  would  please  the  philosophical 
world,  and  some  other  which  may  be  of  a  popular  cast.  If  your 
knowledge  of  the  several  institutions  in  France  or  elsewhere 
should  suggest  models  or  hints,  I  could  wish  for  your  ideas  on 
the  case,  which  no  less  concern  the  good  of  the  Commonwealth 
than  the  character  of  its  most  illustrious  citizen. 


1786.  LETTERS.  215 

Some  of  the  malefactors  consigned  by 

the Governora^uTcoun^    tne  Executive  to  labour  brought  the  legal- 
oil  to  grant  Conditional    jty  of  such  pardons  before  the  late  Court 

pardons  m  certain  cases.         •;  *• 

of  Appeals,  who  adjudged  them  to  be  void. 
This  act  gives  the  Executive  a  power  in  such  cases  for  one  year. 
It  passed  before  the  bill  in  the  revisal  on  this  subject  was  taken . 
up,  and  was  urged  against  the  necessity  of  passing  it  at  this 
Session.  The  expiration  of  this  act  at  the  next  Session  will 
become  an  argument  on  the  other  side. 

An  act  giving  powers  This  act  empowers  the  Executive  to  con- 
to  the  Governor  and  fine  or  send  away  suspicious  aliens,  on  no- 
Council  in  certain  cases.  , .  «  ^  .1  • 

tice  from  Congress  that  their  sovereigns 

have  declared  or  commenced  hostilities  against  the  United 
States,  or  that  the  latter  have  declared  war  against  such  sover- 
eigns. It  was  occasioned  by  the  arrival  of  two  or  three  Alge- 
rines  here,  who,  having  no  apparent  object,  were  suspected  of 
an  unfriendly  one.  The  Executive  caused  them  to  be  brought 
before  them,  but  found  themselves  unarmed  with  power  to  pro- 
ceed. These  adventurers  have  since  gone  off. 
Act  for  safe  keeping  Abolishes  the  quit-rent,  and  removes  the 

land  papers  of  the  North-  ,,      —.      .   ,      ,       „„ 

era  Neck.  papers  to  the  Register  s  office. 

Act  for  reforming  Requires  them  to  clear  their  dockets 
County  Courts.  quarterly.  It  amounts  to  nothing,  and  is 

chiefly  the  result  of  efforts  to  render  Courts  of  Assize  unneces- 
sary. 

The  latter  act,  passed  at  the  last  session, 

Act  to   suspend  the  n  n  ,  .    ,  ,    . . 

operation  of  the  act  es-  required  sundry  supplemental  regulations 
tablishing  Courts  of  As-  to  fit  jt  for  operation.  An  attempt  to  pro- 
vide these,  which  involved  the  merits  of  the 
innovation,  drew  forth  the  united  exertions  of  its  adversaries. 
On  the  question  on  the  supplemental  bill,  they  prevailed  by  63 
votes  against  49.  The  best  that  could  be  done  in  this  situation 
was  to  suspend  instead  of  repealing  the  original  act,  which  will 
give  another  chance  to  our  successors  for  introducing  the  pro- 
posed reform.  The  various  interests  opposed  to  it  will  never 
be  conquered  without  considerable  difficulty. 


216  WORKS    OF    MADISON.  1786. 

Resolution  proposing       The  necessity  of  harmony  in  the  commer- 
a  general  meeting  of     cial  regulations  of  the  States  has  been  ren- 

commissioners  from  the       ,        ,  ,  mi      T        T 

States  to  consider  and  dered  every  day  more  apparent.  The  local 
recommend  a  federal  efforts  to  counteract  the  policy  of  Great 

plan  for  regulating  com-  r         J 

merce;  and  appointing  Britain,  instead  of  succeeding,  have  in  every 
V^ni^STandoiph!  instance  recoiled  more  or  less  on  the  States 
J8  Madison,  Jr.,  Walter  which  ventured  on  the  trial.  Notwith- 

Jones,  S*  G.  Tucker,  M.  ,.  ,  ,  ,       ,r       ,  „ 

Smith,  G.  Mason,  and  standing  these  lessons,  the  Merchants  of 
David'  Ross  >yho  are  to  this  State,  except  those  of  Alexandria,  and 

communicate  the  propo- 
sal and  suggest  time  and     a  few  of  the  more  intelligent  individuals 
place  of  meeting.  elsewhere,  were  so  far  carried  away  by 

their  jealousies  of  the  Northern  Marine  as  to  wish  for  a  naviga- 
tion Act  confined  to  this  State  alone.  In  opposition  to  those 
narrow  ideas,  the  printed  proposition  herewith  inclosed  was 
made.  As  printed,  it  went  into  a  Committee  of  the  whole.  The 
alterations  of  the  pen  shew  the  state  in  which  it  came  out.  Its 
object  was  to  give  Congress  such  direct  power  only  as  would 
not  alarm,  but  to  limit  that  of  the  States  in  such  manner  as 
would  indirectly  require  a  conformity  to  the  plans  of  Congress. 
The  renunciation  of  the  right  of  laying  duties  on  imports  from 
other  States  would  amount  to  a  prohibition  of  duties  on  im- 
ports from  foreign  Countries,  unless  similar  duties  existed  in 
other  States.  This  idea  was  favored  by  the  discord  produced 
between  several  States  by  rival  and  adverse  regulations.  The 
evil  had  proceeded  so  far  between  Connecticut  and  Massachu- 
setts that  the  former  laid  heavier  duties  on  imports  from  the 
.latter  than  from  Great  Britain,  of  which  the  latter  sent  a  letter 
of  complaint  to  the  Executive  here,  and  I  suppose  to  the  other 
Executives.  Without  some  such  self-denying  compact,  it  will, 
I  conceive,  be  impossible  to  preserve  harmony  among  the  con- 
tiguous States. 

In  the  Committee  of  the  whole  the  proposition  was  combated 
at  first  on  its  general  merits.  This  ground  was,  however,  soon 
changed  for  that  of  its  perpetual  duration,  which  was  reduced 
first  to  25  years,  then  to  13  years.  Its  adversaries  were  the 
Speaker,  Thruston,  and  Corbin;  they  were  bitter  and  illiberal 


1786.  LETTERS.  217 

against  Congress  and  the  Northern  States  beyond  example. 
Thruston  considered  it  as  problematical  whether  it  would  not 
be  better  to  encourage  the  British  than  the  Eastern  marine. 
Braxton  and  Smith  were  ia  the  same  sentiments,  but  absent  at 
this  crisis  of  the  question. 

The  limitation  of  the  plan  to  13  years  so  far  destroyed  its 
value  in  the  judgment  of  its  friends,  that  they  chose  rather  to 
do  nothing  than  to  adopt  it  in  that  form.  The  report  accord- 
ingly remained  on  the  table  uncalled  for  to  the  end  of  the  ses- 
sion. And  on  the  last  day  the  resolution  above  quoted  was 
substituted.  It  had  been  proposed  by  Mr.  Tyler  immediately 
after  the  miscarriage  of  the  printed  proposition,  but  was  left 
on  the  table  till  it  was  found  that  several  propositions  for  reg- 
ulating our  trade  without  regard  to  other  States  produced 
nothing.  In  this  extremity,  the  resolution  was  generally  ac- 
ceded to,  not  without  the  opposition  of  Corbin  and  Smith.  The 
Commissioners  first  named  were  the  Attorney,  Doctor  Jones, 
and  myself.  In  the  House  of  Delegates,  Tucker  and  Smith 
were  added,  and  in  the  Senate,  Mason,  Ross,  and  Ronald.  The 
last  does  not  undertake. 

The  port  bill  was  attacked  and  nearly  defeated.  An  amend- 
atory bill  was  passed  with  difficulty  thro'  the  House  of  Dele- 
gates, and  rejected  in  the  Senate.  The  original  one  will  take 
effect  before  the  next  session,  but  will  probably  be  repealed 
then.  It  would  have  been  repealed  at  this,  if  its  adversaries 
had  known  their  strength  in  time  and  exerted  it  with  judgment. 

A  Bill  was  brought  in  for  paying  British  debts,  but  was  ren- 
dered so  inadequate  to  its  object  by  alterations  inserted  by  a 
committee  of  the  whole,  that  the  patrons  of  it  thought  it  best  to 
let  it  sleep. 

Several  petitions  (from  Methodists,  chiefly)  appeared  in  favor 
of  a  gradual  abolition  of  slavery,  and  several  from  another 
quarter  for  a  repeal  of  the  law  which  licences  private  manu- •' 
missions.  The  former  were  not  thrown  under  the  table,  but 
were  treated  with  all  the  indignity  short  of  it.  A  proposition 
for  bringing  in  a  bill  conformably  to  the  latter  was  decided  in 


218  WORKS     OF    MADISON.  1736. 

the  affirmative  by  the  casting  voice  of  the  Speaker;  but  the  bill 
was  thrown  out  on  the  first  reading  by  a  considerable  majority. 
A  considerable  itch  for  paper  money  discovered  itself,  though 
no  overt  attempt  was  made.  The  partizans  of  the  measure, 
among  whom  Mr.  M.  Smith  may  be  considered  as  the  most  zeal- 
ous, flatter  themselves,  and  I  fear  upon  too  good  ground,  that 
it  will  be  among  the  measures  of  the  next  session.  The  unfa- 
vorable balance  of  trade  and  the  substitution  of  facilities  in 
the  taxes  will  have  dismissed  the  little  specie  remaining  among 
us  and  strengthened  the  common  argument  for  a  paper  medium. 
This  tax  was  to  have  been  collected  in 

the  tax  of  the  present  September  last,  and  had  been  in  part  ac- 
year,  and  admitting  fa-  tually  collected  in  specie.  Notwithstand- 

cilities  m  payment.  .         *  . 

ing  this  and  the  distress  of  public  credit, 

an  effort  was  made  to  remit  the  tax  altogether.  The  party  was 
headed  by  Braxton,  who  was  courting  an  appointment  into  the 
Council.  On  the  question  for  a  third  reading,  the  affirmative 
was  carried  by  52  against  42.  On  the  final  question,  a  vigor- 
ous effort  on  the  negative  side,  with  a  reinforcement  of  a  few 
new  members,  threw  the  bill  out.  The  victory,  however,  was 
not  obtained  without  subscribing  to  a  postponement  instead  of 
remission,  and  the  admission  of  facilities  instead  of  specie.  The 
postponement,  too,  extends  not  only  to  the  tax  which  was  under 
collection,  and  which  will  not  now  come  in  till  May,  but  to  the 
tax  of  September  next,  which  will  not  now  be  in  the  Treasury 
till  the  beginning  of  next  year.  The  wisdom  of  seven  sessions 
will  be  unable  to  repair  the  mischiefs  of  this  single  act. 

This  was  prayed  for  by  a  memorial  from 
Act    concerning    the  ^  .  . 

erection  of   Kentucky     a    Convention    held    m    Kentucky,    and 

into  an  independent  passe(i  without  Opposition.  It  contains 
State.  f 

stipulations  in  favor  of  territorial  rights 

held  under  the  laws  of  Virginia,  and  suspends  the  actual  separ- 
ation on  the  decision  of  a  Convention  authorized  to  meet  for 
that  purpose,  and  on  the  assent  of  Congress.  The  boundary 
of  the  proposed  State  is  to  remain  the  same  as  the  present 
boundary  of  the  district. 


1786.  LETTERS.  219 

Act   to  amend   the        At  the  last  session  of  1784  an  act  passed 
Mihtia  law.  displacing  all  the  militia  officers,  and  pro- 

viding for  the  appointment  of  experienced  men.  In  most  coun- 
ties it  was  carried  into  execution,  and  generally  much  to  the 
advantage  of  the  militia.  In  consequence  of  a  few  petitions 
against  the  law  as  a  breach  of  the  Constitution,  this  act  reverses 
all  the  proceedings  under  it,  and  reinstates  the  old  officers. 

From  the  peculiar  situation  of  that  dis- 

Act  to  extend  the  op-      ,    •    ,     ,-,       -n     -i  •••>-, 

oration  of  the  Escheat     trict»  tne  Escheat  law  was  not  originally 

law    to  the   Northern     extended  to  it.     Its  extension  at  this  time 

neck. 

was  occasioned  by  a  bill  brought  in  by  Mr. 
Mercer  for  seizing  and  selling  the  deeded  land  of  the  late  Lord 
Fairfax,  on  the  ground  of  its  being  devised  to  aliens,  leaving 
them  at  liberty,  indeed,  to  assert  their  pretensions  before  the 
Court  of  Appeals.  As  the  bill,  however,  stated  the  law  and 
the  fact,  and  excluded  the  ordinary  inquest,  in  the  face  of  pre- 
tensions set  up  even  by  a  citizen,  (Martin,)  to  whom  it  is  said 
the  reversion  is  given  by  the  will,  it  was  opposed  as  exerting 
at  least  a  Legislative  interference  in,  and  improper  influence 
on,  the  Judiciary  question.  It  was  proposed  to  substitute  the 
present  act  as  an  amendment  to  the  bill  in  a  committee  of  the 
whole;  which  was  disagreed  to.  The  bill  being  of  a  popular 
cast  went  through  the  House  of  Delegates  by  a  great  majority. 
In  the  Senate  it  was  rejected  by  a  greater  one,  if  not  unani- 
mously. The  extension  of  the  escheat  law  was,  in  consequence, 
taken  up  and  passed. 

"An  act  for  punishing        To  wit:  attempts  to  dismember  the  State 
certain  offences."  without  the  consent  of  the  Legislature.    It 

is  pointed  against  the  faction  headed  by  Arthur  Campbell,  in 
the  County  of  Washington. 

Act  for  amending  the  Complies  with  the  requisition   of  Con- 

appropriating  Act.  gresS  for  the  present  year,  to  wit:  1786. 

It  directs  512,000  dollars,  the  quota  of  this  State,  to  be  paid 
before  May  next,  the  time  fixed  by  Congress,  altho'  it  is  known 
that  the  postponement  of  the  taxes  renders  the  payment  of  a 
shilling  impossible.  Our  payments  last  year  gained  us  a  little 
reputation.  Our  conduct  this  must  stamp  us  with  ignominy. 


220  WORKS    OF    MADISON.  I7g6. 

Act  for  regulating  the         Reduces    that   of   the   Governor   from 

salaries  of  the  civil  list.      £lflQQ  ^  £BQ^  &^  ^  ^^  g()me  at  ft 


greater,  and  some  at  a  less  proportion. 

Meant  chiefl      to   affect  Vacant   land  in 


Act  for  disposing  of 

waste  lands  on  Eastern     the  Northern  Neck,  erroneously  conceived 

to  be  in  great  quantity  and  of  great  value. 

The  price  is  fixed  at  ,£25  per  Hundred  acres,  at  which  not  an 

acre  will  be  sold. 

An  act  imposing  ad-        Amounting  in  the  whole  to   five   shil- 

ditional  tonnage  on  Brit- 

ish vessels.  lings  per  ton. 

Nothing  has  been  yet  done  with  North  Carolina  towards 
opening  a  Canal  through  the  Dismal.  The  powers  given  to 
Commissioners  on  our  part  are  renewed,  and  some  negociation 
will  be  brought  about  if  possible.  A  certain  interest  in  that 
State  is  suspected  of  being  disinclined  to  promote  the  object, 
notwithstanding  its  manifest  importance  to  the  community  at 
large.  On  Potowmac  they  have  been  at  work  some  time.  On 
this  river  they  have  about  eighty  hands  ready  to  break  ground, 
and  have  engaged  a  man  to  plan  for  them.  I  fear  there  is  a 
want  of  skill  for  the  undertaking  that  threatens  a  waste  of  la- 
bour and  a  discouragement  to  the  enterprize.  I  do  not  learn 
that  any  measures  have  been  taken  to  procure  from  Europe  the 
aid  which  ought  to  be  purchased  at  any  price,  and  which  might, 
I  should  suppose,  be  purchased  at  a  moderate  one. 

I  had  an  opportunity  a  few  days  ago  of  knowing  that  Mrs. 
Carr  and  her  family,  as  well  as  your  little  daughter,  were  well. 
I  am  apprehensive  that  some  impediments  still  detain  your 
younger  nephew  from  his  destination.  Peter  has  been  in  Wil- 
liamsburg,  and  I  am  told  by  Mr.  Maury  that  his  progress  is 
satisfactory.  He  has  read,  under  him,  Horace,  some  of  Cicero's 
orations,  Greek  testament,  ./Esop's  fables  in  Greek,  ten  books 
of  Homer's  Iliad,  and  is  now  beginning  Xenophon,  Juvenal,  and 
Livy.  He  has  also  given  some  attention  to  French. 

I  have  paid  Le  Maire  ten  guineas.  He  will  set  out  in  about 
three  weeks,  I  am  told,  for  France.  Mr.  Jones  has  promised 
to  collect  and  forward  by  him  all  such  papers  as  are  in  print, 
and  will  explain  the  situation  of  our  affairs  to  you.  Among 


1786*  LETTERS.  221 

them  will  be  the  most  important  acts  of  the  session,  and  the 
Journal  as  far  as  it  will  be  printed. 

Mr.  William  Hays,  in  sinking  a  well  on  the  declivity  of  the 
hill  above  the  proposed  seat  of  the  Capitol,  and  nearly  in  a  line 
from  the  Capitol  to  Belvidere,  found  about  seventy  feet  below 
the  surface  several  large  bones,  apparently  belonging  to  a  fish 
not  less  than  the  shark,  and,  what  is  more  singular,  several  frag- 
ments of  potter's  ware  in  the  style  of  the  Indians.  Before  he 
reached  these  curiosities  he  passed  through  about  fifty  feet  of 
soft  blue  clay.  I  have  not  seen  the  articles,  having  but  just 
heard  of  them,  and  been  too  closely  engaged;  but  have  my  in- 
formation from  the  most  unexceptionable  witnesses,  who  have. 
I  am  told  by  General  Russell,  of  Washington  County,  that,  in 
sinking  a  salt  well  in  that  County,  he  fell  in  with  the  hip  bone 
of  the  incognitum,  the  socket  of  which  was  about  8  inches  diam- 
eter. It  was  very  soft  in  the  subterraneous  state,  but  seemed 
to  undergo  a  petrefaction  on  being  exposed  to  the  air. 
Adieu.  Affection17. 

Promotions. — Edward  Carrington  &  H.  Lee,  Jr.,  added  to  R. 
H.  Lee,  J's  Monroe,  and  Wm.  Grayson,  in  the  delegation  to 
Congress. 

Carter  Braxton  to  the  Council. 

John  Tyler  to  court  of  admiralty,  in  room  of  B.  Waller,  re- 
signed. 

Prices  current. — Tobacco,  235.  on  James  River,  and  propor- 
tionally elsewhere. 

Wheat,  5  to  6s.  per  bushel. 

Corn,  18  to  20s.  per  barrel. 

Pork  28  to  30s  pr  ct. 


TO  JAMES  MONROE. 

RICHMOND,  January  22d.  1786. 

DEAR  SIR, — Your  favors  of  the  19th  December  and  7th  Jan- 
uary came  both  to  hand  by  yesterday's  mail.    The  Assembly  ad- 


222  WORKS    OF    MADISON. 

journed  last  night  after  a  session  of  97  days.  If  its  importance 
were  to  be  measured  by  a  list  of  the  laws  which  it  has  produced, 
all  preceding  Legislative  merit  would  be  eclipsed,  the  number 
in  this  instance  amounting  to  114  or  115.  If  we  recur  to  the 
proper  criterion,  no  session  has,  perhaps,  afforded  less  ground 
for  applause.  Not  a  single  member  seems  to  be  pleased  with  a 
review  of  what  has  passed.  I  was  too  hasty  in  informing  you 
that  an  amendment  of  the  Port  bill  had  passed.  I  was  led  into 
the  error  by  the  mistake  of  some  who  told  me  it  had  passed  the 
Senate,  when  it  had  only  been  agreed  to  in  a  Committee  of  the 
Senate.  Instead  of  passing  it,  they  sent  down  a  repeal  of  the 
old  port  bill  by  way  of  amendment.  This  was  disagreed  to  by 
the  House  of  Delegates  as  indirectly  originating.  The  Senate 
adhered,  and  the  bill  was  lost.  An  attempt  was  then  made  by 
the  adversaries  of  the  port  measure  to  suspend  its  operation  till 
the  end  of  the  next  session.  This  also  was  negatived,  so  that 
the  old  bill  is  left  as  it  stood,  without  alteration.  Defective  as 
it  is,  particularly  in  putting  citizens  of  other  States  on  the  foot- 
ing of  foreigners,  and  destitute  as  it  is  of  proper  concomitant 
provisions,  it  was  judged  best  to  hold  it  fast,  and  trust  to  a  suc- 
ceeding Assembly  for  amendments. 

The  navigation  system  for  the  State,  after  having  been  pre- 
pared at  great  length  by  Mr.  G.  Baker,  was  procrastinated  in 
a  very  singular  manner,  and  finally  died  away  of  itself,  without 
anything  being  done,  except  a  short  act  passed  yesterday  in 
great  hurry,  imposing  a  tonnage  of  5  shillings  on  the  vessels  of 
foreigners  not  having  treated  with  the  United  States. 

This  failure  of  local  measures  in  the  commercial  line,  instead 
of  reviving  the  original  propositions  for  a  general  plan,  revived 
that  of  Mr.  Tyler  for  the  appointment  of  Commissioners  to  meet 
Commissioners  from  the  other  States  on  the  subject  of  general 
regulations.  It  went  through  by  a  very  great  majority,  being 
opposed  only  by  Mr.  M.  Smith  and  Mr.  Corbin.  The  expedi- 
ent is  no  doubt  liable  to  objections,  and  will  probably  mis- 
carry. I  think,  however,  it  is  better  than  nothing;  and  as  a 
recommendation  of  additional  powers  to  Congress  is  within  the 
purview  of  the  Commission,  it  may  possibly  lead  to  better  con- 


1786.  LETTERS.  223 

sequences  than  at  first  occur.  The  Commissioners  first  named 
were  the  attorney,  Doctor  W.  Jones  of  the  Senate,  and  myself. 
The  importunity  of  Mr.  Page  procured  the  addition  of  S*  George 
Tucker,  who  is  sensible,  federal,  and  skilled  in  commerce,  to 
whom  was  added,  on  the  motion  of  I  know  not  whom,  Mr.  M. 
Smith,  who  is  at  least  exceptionable  in  the  second  quality,  hav- 
ing made  unceasing  war  during  the  session  against  the  idea  of 
bracing  the  federal  system.  In  the  senate,  a  further  addition 
was  made  of  Col.  Mason,  Mr.  D.  Ross,  and  Mr.  Ronald.  The 
name  of  the  latter  was  struck  out  at  his  desire.  The  others 
stand.  It  is  not  unlikely  that  this  multitude  of  associates  will 
stifle  the  thing  in  its  birth.  By  some  it  was  probably  meant  to 
do  so. 

I  am  glad  to  find  that  Virginia  has  merit  where  you  are,  and 
should  be  more  so  if  I  saw  greater  reason  for  it.  The  bill 
which  is  considered  at  New  York  as  a  compliance  with  the  re- 
quisitions of  Congress,  is  more  so  in  appearance  than  reality. 
It  will  bring  no  specie  into  the  Treasury,  and  but  little  Conti- 
nental paper.  Another  act  has  since  passed  which  professes  to 
comply  more  regularly  with  the  demand  of  Congress,  but  this 
will  fail  as  to  specie  and  as  to  punctuality.  It  will  probably 
procure  the  indents  called  for,  and  fulfils  the  views  of  Congress 
in  making  those  of  other  States  receivable  into  our  Treasury. 
Among  the  acts  passed  since  my  last,  I  must  not  omit  an  eco- 
nomical revision  of  the  Civil  list.  The  saving  will  amount  to 
5  or  6,000  pounds.  The  Governor  was  reduced  by  the  House 
of  Delegates  to  £800,  to  which  the  Senate  objected.  Which 
receded  I  really  forget.  The  Council  to  £2,000;  the  Attorney 
to  £200;  Register  from  £1,100  to  £800;  Auditor  and  Solicitor 
from  £4  to  300;  Speaker  of  House  of  Delegates  to  40s.  per  day, 
including  daily  pay  as  a  member;  and  of  Senate  to  205,  &c.; 
Delegates  to  Congress  to  six  dollars  per  day.  The  act,  how- 
ever, is  not  to  commence  till  November  next. 


224  WORKS    OF    MADISON.  1786 


TO   THOMAS  JEFFERSON. 

ORAXGE,  March  18th,  1786. 

DEAR  SIR, — Your  two  favours  of  the  1  and  20  September, 
under  the  same  cover,  by  Mr.  Fitzhugh,  did  not  come  to  hand 
till  the  24th  ultimo,  and  of  course  till  it  was  too  late  for  any 
Legislative  interposition  with  regard  to  the  Capitol.  I  have 
written  to  the  Attorney  on  the  subject.  A  letter  which  I  have 
from  him,  dated  prior  to  his  receipt  of  mine,  takes  notice  of  the 
plan  you  had  promised,  and  makes  no  doubt  that  it  will  arrive 
in  time  for  the  purpose  of  the  Commissioners.  I  do  not  gather 
from  his  expressions,  however,  that  he  was  aware  of  the  change 
which  will  become  necessary  in  the  foundation  already  laid,  a 
change  which  will  not  be  submitted  to  without  reluctance,  for 
two  reasons:  1.  The  appearance  of  caprice  to  which  it  may 
expose  the  Commissioners.  2.  Which  is  the  material  one,  the 
danger  of  retarding  the  work  till  the  next  session  of  Assembly 
can  interpose  a  vote  for  its  suspension,  and  possibly  for  a  re- 
moval to  Williamsburg.  This  danger  is  not  altogether  imagi- 
nary. Not  a  session  has  passed  since  I  became  a  member  with- 
out one  or  other  or  both  of  these  attempts. 

At  the  late  session  a  suspension  was  moved  by  the  Williams- 
burg  interest,  which  was  within  a  few  votes  of  being  agreed  to. 
It  is  a  great  object,  therefore,  with  the  Richmond  interest,  to 
get  the  buildings  so  far  advanced  before  the  fall  as  to  put  an 
end  to  such  experiments.  The  circumstances  which  will  weigh 
in  the  other  scale,  and  which,  it  is  to  be  hoped,  will  preponder- 
ate, are  the  fear  of  being  reproached  with  sacrificing  public 
considerations  to  a  local  policy,  and  a  hope  that  the  substitu- 
tion of  a  more  economical  plan  may  better  reconcile  the  As- 
sembly to  a  prosecution  of  the  undertaking. 

Since  I  have  been  at  home  I  have  had  leisure  to  review  the 
literary  cargo,  for  which  I  am  so  much  indebted  to  your  friend- 
ship. The  collection  is  perfectly  to  my  mind.  I  must  trouble 
you  only  to  get  two  little  mistakes  rectified.  The  number  of 
vols.  in  the  Encyclopedia  corresponds  with  your  list,  but  a  du- 
plicate has  been  packed  up  of  Tom.  1,  premiere  partie  of  His- 


1786.  LETTERS.  225 

toire  Naturelle,  Quadrup&des,  premiere  livraison,  and  there  is 
left  out  the  second  part  of  the  same  Tome,  which,  as  appears 
by  the  Avis  to  the  1st  Livraison,  makes  the  1st  Tome  of  His- 
toire  des  oiseaux  as  well  as  by  the  Histoire  des  oixeaux  sent, 
which  begins  with  Tom.  II  repartie,  and  with  the  letter  F  from 
the  Avis  to  the  sixth  Livraison.  I  infer  that  the  vol.  omitted 
made  part  of  the  5th  livraison.  The  duplicate  vol.  seems  to 
have  been  a  good  deal  handled,  and  possibly  belongs  to  your 
own  sett.  Shall  I  keep  it  in  my  hands,  or  send  it  back?  The 
other  mistake  is  an  omission  of  the  4th  vol.  of  D'Albon  sur 
1'interet  de  plusieurs  nations,  &c.  The  binding  of  the  three 
vol8  which  are  come  is  distinguished  from  that  of  most  of  the 
other  books  by  the  circumstance  of  the  figure  on  the  back  num- 
bering the  vol8  being  on  a  black  instead  of  a  red  ground.  The 
author's  name  above  is  on  a  red  ground.  I  mention  these  cir- 
cumstances that  the  binder  may  supply  the  omitted  volume  in 
proper  uniform. 

I  annex  a  state  of  our  account  balanced.  I  had  an  opportu- 
nity a  few  days  after  your  letters  were  received  of  remitting 
the  balance  to  the  hands  of  Mrs.  Carr,  with  a  request  that  it 
might  be  made  use  of  as  you  directed,  to  prevent  a  loss  of  time 
to  her  sons  from  occasional  disappointments  in  the  stated  funds. 
I  have  not  yet  heard  from  the  Mr.  Fitzhughs  on  the  subject  of 
your  advance  to  them.  The  advance  to  Le  Maire  had  been 
made  a  considerable  time  before  I  received  your  countermand- 
ing instructions.  I  have  no  copying  press,  bufr  must  postpone 
that  conveniency  to  other  wants  which  will  absorb  my  little 
resources.  I  am  fully  apprized  of  the  value  of  this  machine, 
and  mean  to  get  one  when  I  can  better  afford  it  and  may  have 
more  use  for  it.  I  am  led  to  think  it  would  be  a  very  economi- 
cal acquisition  to  all  our  public  offices,  which  are  obliged  to 
furnish  copies  of  papers  belonging  to  them. 

A  quorum  of  the  deputies  appointed  by  the  Assembly  for  a 
commercial  Convention  had  a  meeting  at  Richmond  shortly 
after  I  left  it,  and  the  Attorney  tells  me  it  has  been  agreed  to 
propose  Annapolis  for  the  place,  and  the  first  monday  in  Sep- 
tember for  the  time,  of  holding  the  Convention.  It  was  thought 

VOL.  i.  15 


226  WORKS    OF    MADISON.  1780. 

prudent  to  avoid  the  neighborhood  of  Congress  and  the  large 
Commercial  towns,  in  order  to  disarm  the  adversaries  to  the 
object  of  insinuations  of  influence  from  either  of  these  quarters. 
I  have  not  heard  what  opinion  is  entertained  of  this  project  at 
New  York,  nor  what  reception  it  has  found  in  any  of  the  States. 
If  it  should  come  to  nothing,  it  will,  I  fear,  confirm  Great  Brit- 
ain and  all  the  world  in  the  belief  that  we  are  not  to  be  re- 
spected nor  apprehended  as  a  nation  in  matters  of  commerce. 
The  States  are  every  day  giving  proofs  that  separate  regulations 
are  more  likely  to  set  them  by  the  ears  than  to  attain  the  com- 
mon object.  When  Massachusetts  set  oh  foot  a  retaliation  of 
the  policy  of  Great  Britain,  Connecticut  declared  her  ports  free. 
New  Jersey  served  New  York  in  the  same  way.  And  Delaware, 
I  am  told,  has  lately  followed  the  example,  in  opposition  to  the 
commercial  plans  of  Pennsylvania. 

A  miscarriage  of  this  attempt  to  unite  the  States  in  some 
effectual  plan  will  have  another  effect  of  a  serious  nature.  It 
will  dissipate  every  prospect  of  drawing  a  steady  revenue  from 
our  imposts,  either  directly  into  the  federal  treasury,  or  indi- 
rectly through  the  treasuries  of  the  Commercial  States,  and,  of 
consequence,  the  former  must  depend  for  supplies  solely  on  an- 
nual requisitions,  and  the  latter  on  direct  taxes  drawn  from  the 
property  of  the  Country.  That  these  dependencies  are  in  an 
alarming  degree  fallacious,  is  put  by  experience  out  of  all  ques- 
tion. The  payments  from  the  States  under  the  calls  of  Congress 
have  in  no  year  borne  any  proportion  to  the  public  wants. 
During  the  last  year,  that  is,  from  November,  1784,  to  Novem- 
ber, 1785,  the  aggregate  payments,  as  stated  to  the  late  Assem- 
bly, fell  short  of  400,000  dollars,  a  sum  neither  equal  to  the 
interest  due  on  the  foreign  debts,  nor  even  to  the  current  ex- 
pences  of  the  federal  Government.  The  greatest  part  of  this 
sum,  too,  went  from  Virginia,  which  will  not  supply  a  single 
shilling  the  present  year. 

Another  unhappy  effect  of  a  continuance  of  the  present  anar- 
chy of  our  commerce  will  be  a  continuance  of  the  unfavorable 
balance  on  it,  which,  by  draining  us  of  our  metals,  furnishes 
pretexts  for  the  pernicious  substitution  of  paper  money,  for  in- 


1786.  LETTERS.  227 

diligences  to  debtors,  for  postponements  of  taxes.  In  fact,  most 
of  our  political  evils  may  be  traced  up  to  our  commercial  ones, 
as  most  of  our  moral  may  to  our  political.  The  lessons  which 
the  mercantile  interest  of  Europe  have  received  from  late  expe- 
rience will  probably  check  their  propensity  to  credit  us  beyond 
our  resources,  and  so  far  the  evil  of  an  unfavorable  balance 
will  correct  itself.  But  the  Merchants  of  Great  Britain,  if  no 
others,  will  continue  to  credit  us,  at  least  as  far  as  our  remit- 
tances can  be  strained,  and  that  is  far  enough  to  perpetuate  our 
difficulties,  unless  the  luxurious  propensity  of  our  own  people 
can  be  otherwise  checked. 

This  view  of  our  situation  presents  the  proposed  Convention 
as  a  remedial  experiment  which  ought  to  command  every  as- 
sent; but  if  it  be  a  just  view,  it  is  one  which  assuredly  will  not 
be  taken  by  all  even  of  those  whose  intentions  are  good.  I 
consider  the  event,  therefore,  as  extremely  uncertain,  or  rather, 
considering  that  the  States  must  first  agree  to  the  proposition 
for  sending  deputies,  that  these  must  agree  in  a  plan  to  be  sent 
back  to  the  States,  and  that  these  again  must  agree  unanimously 
in  a  ratification  of  it,  I  almost  despair  of  success.  It  is  neces- 
sary, however,  that  something  should  be  tried,  and  if  this  be 
not  the  best  possible  expedient,  it  is  the  best  that  could  possibly 
be  carried  through  the  Legislature  here.  And  if  the  present 
crisis  cannot  effect  unanimity,  from  what  future  concurrence  of 
circumstances  is  it  to  be  expected  ?  Two  considerations  partic- 
ularly remonstrate  against  delay.  One  is  the  danger  of  having 
the  same  game  played  on  our  Confederacy  by  which  Philip 
managed  that  of  the  Grecians.  I  saw  enough  during  the  late 
Assembly  of  the  influence  of  the  desperate  circumstances  of  in- 
dividuals on  their  public  conduct,  to  admonish  me  of  the  possi- 
bility of  finding  in  the  council  of  some  one  of  the  States  fit  in- 
struments of  foreign  machinations.  The  other  consideration  is 
the  probability  of  an  early  increase  of  the  confederated  States, 
which  more  than  proportionally  impede  measures  which  require 
unanimity;  as  the  new  members  may  bring  sentiments  and  in- 
terests less  congenial  with  those  of  the  Atlantic  States  than 
those  of  the  latter  are  one  with  another. 


228  WORKS    OF    MADISON.  1786. 

The  price  of  our  staple  is  down  at  22s.  at  Richmond.  One 
argument  for  putting  off  the  taxes  was,  that  it  would  relieve  the 
planters  from  the  necessity  of  selling,  and  would  enable  them 
to  make  a  better  bargain  with  the  purchasers.  The  price  has, 
notwithstanding,  been  falling  ever  since.  How  far'  the  event 
may  have  proceeded  from  a  change  in  the  Market  of  Europe,  I 
know  not.  That  it  has  in  part  proceeded  from  the  practice  of 
remitting  and  postponing  the  taxes,  may,  I  think,  be  fairly  de- 
duced. The  scarcity  of  money  must,  of  necessity,  sink  the  price 
of  every  article,  and  the  relaxation  in  collecting  the  taxes  in- 
creases this  scarcity  by  diverting  the  money  from  the  public 
Treasury  to  the  shops  of  Merchandize.  In  the  former  case  it 
would  return  into  circulation.  In  the  latter,  it  goes  out  of  the 
Country  to  balance  the  increased  consumption.  A  vigorous 
and  steady  collection  of  taxes  would  make  the  money  necessary 
here,  and  would  therefore  be  a  mean  of  keeping  it  here.  In  our 
situation  it  would  have  the  salutary  operation  of  a  sumptuary 
law.  The  price  of  Indian  Corn  in  this  part  of  the  Country, 
which  produced  the  best  crops,  is  not  higher  than  two  dollars 
per  barrel.  It  would  have  been  much  higher  but  for  the  pecu- 
liar mildness  of  the  winter.  December  and  January  scarcely 
reminded  us  that  it  was  winter.  February,  though  temperate, 
was  less  unseasonable.  Our  deepest  snow  (about  seven  inches) 
was  in  the  present  month.  I  observe  the  tops  of  the  blue  ridge 
still  marked  with  its  remains.  My  last  was  dated  January 
22d,  and  contained  a  narrative  of  the  proceedings  of  the  As- 
sembly. 


TO   JAMES   MONROE. 

ORANGE,  19th  March,  1786. 

DEAR  SIR—    *********** 
"The  Question  of  policy,"  you  say,  "is  whether  it  will  be  bet- 
ter to  correct  the  vices  of  the  Confederation  by  recommendation 
gradually  as  it  moves  along,  or  by  a  Convention.     If  the  latter 
should  be  determined  on,  the  powers  of  the  Virginia  Commis- 


1786.  LETTERS.  229 

sioners  are  inadequate."  If  all  on  whom  the  correction  of  these 
vices  depends  were  well  informed  and  well  disposed,  the  mode 
would  be  of  little  moment.  But  as  we  have  both  ignorance  and 
iniquity  to  combat,  we  must  defeat  the  designs  of  the  latter  by 
humouring  the  prejudices  of  the  former.  The  efforts  for  bring- 
ing about  a  correction  through  the  medium  of  Congress  have 
miscarried.  Let  a  Convention,  then,  be  tried.  If  it  succeeds  in 
the  first  instance,  it  can  be  repeated  as  other  defects  force  them- 
selves on  the  public  attention,  and  as  the  public  mind  becomes 
prepared  for  further  remedies. 

The  Assembly  here  would  refer  nothing  to  Congress.  They 
would  have  revolted  equally  against  a  plenipotentiary  commis- 
sion to  their  deputies  for  I/he  Convention.  The  option,  there- 
fore, lay  between  doing  what  was  done  and  doing  nothing. 
Whether  a  right  choice  was  made  time  only  can  prove.  I  am 
not,  in  general,  an  advocate  for  temporizing  or  partial  remedies. 
But  a  rigor  in  this  respect,  if  pushed  too  far,  may  hazard  every- 
thing. If  the  present  paroxysm  of  our  affairs  be  totally  neg- 
lected our  case  may  become  desperate.  If  anything  comes  of 
the  Convention,  it  will  probably  be  of  a  permanent,  not  a  tem- 
porary nature,  which  I  think  will  be  a  great  point.  The  mind 
feels  a  peculiar  complacency  in  seeing  a  good  thing  done  when 
it  is  not  subject  to  the  trouble  and  uncertainty  of  doing  it  over 
again.  The  commission  is,  to  be  sure,  not  filled  to  every  man's 
mind.  The  History  of  it  may  be  a  subject  of  some  future  tete 
a  tete. 


TO  JAMES  MONROE. 

ORANGE,  April  9th,  1786. 

DEAR  SIR, — The  step  taken  by  New  Jersey  was  certainly  a 
rash  one,  and  will  furnish  fresh  pretexts  to  unwilling  States  for 
withholding  their  contributions.  In  one  point  of  view,  how- 
ever, it  furnishes  a  salutary  lesson.  Is  it  possible,  with  such  an 
example  before  our  eyes  of  impotency  in  the  federal  system,  to 
remain  sceptical  with  regard  to  the  necessity  of  infusing  more 

\ 


230  WORKS    OF    MADISON.  1786. 

energy  into  it?  A  Government  cannot  long  stand  which  is 
obliged,  in  the  ordinary  course  of  its  administration,  to  court  a 
compliance  with  its  constitutional  acts,  from  a  member  not  of 
the  most  powerful  order,  situated  within  the  immediate  verge 
of  authority,  and  apprised  of  every  circumstance  which  should 
remonstrate  against  disobedience. 

The  question  whether  it  be  possible  and  worth  while  to  pre- 
serve the  Union  of  the  States  must  be  speedily  decided  some 
way  or  other.  Those  who  are  indifferent  to  its  preservation 
would  do  well  to  look  forward  to  the  consequences  of  its  ex- 
tinction. The  prospect  to  my  eye  is  a  gloomy  one  indeed. 

I  am  glad  to  hear  that  the  opposition  to  the  impost  is  likely 
to  be  overcome.  It  is  an  encouragement  to  persevere  in  good 
measures.  I  am  afraid,  at  the  same  time,  that,  like  other  auxil- 
iary resources,  it  will  be  overrated  by  the  States,  and  slacken 
the  regular  efforts  of  taxation.  It  is  also  materially  short  of 
the  power  which  Congress  ought  to  have  with  regard  to  trade. 
It  leaves  the  door  unshut  against  a  commercial  warfare  among 
the  States,  our  trade  exposed  to  foreign  machinations,  and  the 
distresses  of  an  unfavorable  balance  very  little  checked.  The 
experience  of  European  Merchants  who  have  speculated  in  our 
trade  will  probably  check,  in  a  great  measure,  our  opportunities 
of  consuming  beyond  our  resources;  but  they  will  continue  to 
credit  us  as  far  as  our  coin,  in  addition  to  our  productions,  will 
extend,  and  our  experience  here  teaches  us  that  our  people  will 
extend  their  consumption  as  far  as  credit  can  be  obtained. 


TO  THOMAS   JEFFERSON. 

ORANGE,  May  12th,  1786. 

DEAR  SIR, — My  last  was  of  March  18,  since  which  I  have 
been  favored  with  yours  of  the  8  and  9th  of  February.  Ban- 
croft's application  in  favour  of  Paradise,  inclosed  in  the  latter, 
shall  be  attended  to  as  far  as  the  case  will  admit,  though  I  see 
not  how  any  relief  can  be  obtained.  If  Mr.  Paradise  stands  on 
the  list  of  foreign  creditors,  his  agent  here  may  probably  con- 


1786.  LETTERS.  231 

vert  his  securities  into  money  without  any  very  great  loss,  as 
they  rest  on  good  funds,  and  the  principal  is  in  a  course  of  pay- 
ment. If  he  stands  on  the  domestic  list,  as  I  presume  he  does, 
the  interest  only  is  provided  for,  and,  since  the  postponement  of 
the  taxes,  even  that  cannot  be  negociated  without  a  discount  of 
10  per  cent.,  at  least.  The  principal  cannot  be  turned  into  cash 
without  sinking  three-fourths  of  its  amount. 

Your  notes  having  got  into  print  in  France,  will  inevitably 
be  translated  back  and  published  in  that  form,  not  only  in  Eng- 
land but  in  America,  unless  you  give  out  the  original.  I  think, 
therefore,  you  owe  it  not  only  to  yourself,  but  to  the  place  you 
occupy  and  the  subjects  you  have  handled,  to  take  this  precau- 
tion. To  say  nothing  of  the  injury  which  will  certainly  result 
to  the  diction  from  a  translation  first  into  French  and  then 
back  into  English,  the  ideas  themselves  may  possibly  be  so  per- 
verted as  to  lose  their  propriety. 

The  books  which  you  have  been  so  good  as  to  forward  to  me 
are  so  well  assorted  to  my  wishes  that  no  suggestions  are  ne- 
cessary as  to  your  future  purchases.  A  copy  of  the  old  edition 
of  the  Encyclopedia  is  desirable,  for  the  reasons  you  mention; 
but  as  I  should  gratify  my  desire  in  this  particular  at  the  ex- 
pence  of  something  else  which  I  can  less  dispense  with,  I  must 
content  myself  with  the  new  Edition  for  the  present.  The 
watch  I  bought  in  Philadelphia,  though  a  pretty  good  one,  is 
probably  so  far  inferior  to  those  of  which  you  have  a  sample 
that  I  cannot  refuse  your  kind  offer  to  procure  me  one  of  the 
same  sort;  and  I  am.  fancying  to  myself  so  many  little  gratifica- 
tions from  the  pedometer  that  I  cannot  forego  that  addition. 

The  inscription  for  the  Statue  is  liable  to  Houdon's  criticism, 
and  is  in  every  respect  inferior  to  the  substitute  which  you 
have  copied  into  your  letter.  I  am  apprehensive,  notwithstand- 
ing, that  no  change  can  be  effected.  The  Assembly  will  want 
some  proper  ground  for  resuming  the  matter.  The  devices  for 
the  other  side  of  the  pedestal  are  well  chosen,  and  might,  I 
should  suppose,  be  applied  without  scruple  as  decorations  of  the 
artist.  I  counted,  myself,  on  the  addition  of  proper  ornaments, 


232  WORKS    OF    MADISON.  1786. 

and  am  persuaded  that  such  a  liberty  could  give  offence  no- 
where. 

The  execution  of  your  hints  with  regard  to  the  Marquis  and 
Rochambeau  would  be  no  less  pleasing  to  me  than  to  you.  I 
think  with  you,  also,  that  the  setting  up  the  busts  of  our  own 
worthies  would  not  be  doing  more  honour  to  them  than  to  our- 
selves. I  foresee,  however,  the  difficulty  of  overcoming  the 
popular  objection  against  every  measure  which  involves  expence, 
particularly  where  the  importance  of  the  measure  will  be  felt  by 
a  few  only;  and  an  unsuccessful  attempt  would  be  worse  than 
no  attempt.  I  have  heard  nothing  as  to  the  Capitol.  I  men- 
tioned to  you  in  my  last  that  I  had  written  to  the  Attorney  on 
the  subject.  1  shall  have  an  opportunity  shortly  of  touching  on 
it  again  to  him. 

A  great  many  changes  have  taken  place  in  the  late  elections. 
The  principal  acquisitions  are  Col.  G.  Mason,  who,  I  am  told, 
was  pressed  into  the  service  at  the  instigation  of  General  Wash- 
ington, General  Nelson,  Mann  Page.  In  Albemarle,  both  the 
old  ones  declined  the  task.  Their  successors  are  George  and 
John  Nicholas.  Col.  Carter  was  again  an  unsuccessful  candi- 
date. I  have  not  heard  how  Mr.  Harrison  has  shaped  his  course. 
It  was  expected  that  he  would  stand  in  a  very  awkward  rela- 
tion both  to  Charles  City  and  to  Surrey,  and  would  probably 
succeed  in  neither.  Monroe  lost  his  election  in  King  George 
by  6  votes.  Mercer  did  his  by  the  same  number  in  Stafford. 
Neither  of  them  was  present,  or  they  would,  no  doubt,  have 
both  been  elected.  Col.  Bland  is  also  to  be  among  us.  Among 
the  many  good  things  which  may  be  expected  from  Col.  Mason, 
we  may  reckon,  perhaps,  an  effort  to  review  our  Constitution. 
The  loss  of  the  port  bill  will  certainly  be  one  condition  on 
which  we  are  to  receive  his  valuable  assistance.  I  am  not  with- 
out fears,  also,  concerning  his  federal  ideas.  The  last  time  I 
saw  him  he  seemed  to  have  come  about  a  good  deal  towards 
the  policy  of  giving  Congress  the  management  of  trade.  But 
he  has  been  led  so  far  out  of  the  right  way  that  a  thorough  re- 
turn can  scarcely  be  hoped  for.  On  all  the  other  great  points, 


1786.  LETTERS.  233 

the  Revised  Code,  the  Assize  bill,  taxation,  paper  money,  &c., 
his  abilities  will  be  inestimable. 

Most  if  not  all  the  States,  except  Maryland,  have  appointed 
deputies  for  the  proposed  Convention  at  Annapolis.  The  refu- 
sal of  Maryland  to  appoint  proceeded,  as  I  am  informed  by  Mr. 
Daniel  Carroll,  from  a  mistaken  notion  that  the  measure  would 
derogate  from  the  authority  of  Congress,  and  interfere  with  the 
Revenue  system  of  April,  1783,  which  they  have  lately  recom- 
mended anew  to  the  States.  There  is  certainly  no  such  inter- 
ference, and  instead  of  lessening  the  authority  of  Congress,  the 
object  of  the  Convention  is  to  extend  it  over  commerce.  I  have 
no  doubt  that  on  a  reconsideration  of  the  matter  it  will  be 
viewed  in  a  different  light. 

The  internal  situation  of  this  State  is  growing  worse  and 
worse.  Our  specie  has  vanished.  The  people  are  again  plunged 
in  debt  to  the  Merchants,  and  these  circumstances,  added  to  the 
fall  of  Tobacco  in  Europe  and  a  probable  combination  among 
its  chief  purchasers  here,  have  reduced  that  article  to  20s.  The 
price  of  Corn  is,  in  many  parts  of  the  Country,  at  20s.  and  up- 
wards per  barrel.  In  this  part  it  is  not  more  than  15s.  Our 
spring  has  been  a  cool  and,  latterly,  a  dry  one;  of  course  it  is  a 
backward  one.  The  first  day  of  April  was  the  most  remark- 
able ever  experienced  in  this  climate.  It  snowed  and  hailed 
the  whole  day  in  a  storm  from  N.  E.,  and  the  Thermometer 
stood  at  4  o'clock  P.  M.  at  26°.  If  the  snow  had  fallen  in  the 
usual  way  it  would  have  been  8  or  10  inches  deep,  at  least;  but 
consisting  of  small  hard  globules,  mixed  with  small  hail,  and 
lying  on  the  ground  so  compact  and  firm  as  to  bear  a  man,  it 
was  less  than  half  of  that  depth. 

We  hear  from  Kentucky  that  the  inhabitants  are  still  at 
variance  with  their  savage  neighbours.  In  a  late  skirmish  sev- 
eral were  lost  on  both  sides.  On  that  of  the  whites  Col.  W. 
Christian  is  mentioned.  It  is  said  the  scheme  of  independence 
is  growing  unpopular  since  the  act  of  our  Assembly  has  brought 
the  question  fully  before  them.  Your  nephew,  Dabney  Carr, 
has  been  some  time  at  the  Academy  in  Prince  Edward.  The 
President,  Mr.  Smith,  speaks  favorably  of  him. 


234  WORKS    OF    MADISON.  1786. 

With  the  sincerest  affection,  I  remain,  dear  sir,  your  friend 
and  servant. 


P.  S.  I  have  taken  measures  for  procuring  the  Peccan  nuts, 
and  the  seed  of  the  sugar  Tree.  Are  there  no  other  things  here 
which  would  be  acceptable  on  a  like  account?  You  will  with- 
hold from  me  a  real  pleasure  if  you  do  not  favor  me  with  your 
commands  freely.  Perhaps  some  of  our  animal  curiosities  would 
enable  you  to  gratify  particular  characters  of  merit.  I  can, 
without  difficulty,  get  the  skins  of  all  our  common  and  of  some 
of  our  rarer  quadrupeds,  and  can  have  them  stuffed,  if  desired. 
It  is  possible,  also,  that  I  may  be  able  to  send  some  of  them 
alive.  I  lately  had  on  hand  a  female  opossum,  with  seven  young 
ones,  which  I  intended  to  have  reared,  for  the  purpose  partly  of 
experiments  myself,  and  partly  of  being  able  to  forward  them 
to  you  in  case  of  an  opportunity,  and  your  desiring  it.  Unfor- 
tunately, they  Ixive  all  died.  But  I  find  they  can  be  got  at  any 
time,  almost,  in  the  spring  of  the  year,  and  if  the  season  be  too 
far  advanced  now,  they  may  certainly  be  had  earlier  in  the  next 
spring. 

I  observe  that  in  your  notes  you  number  the  fallow  and  Roe- 
deer  among  the  native  quadrupeds  of  America.  As  Buffon  had 
admitted  the  fact,  it  was,  whether  true  or  erroneous,  a  good  ar- 
gument, no  doubt,  against  him.  But  I  am  persuaded  they  are 
not  natives  of  the  new  continent.  Buffon  mentions  the  chev- 
ruel,  in  particular,  as  abounding  in  Louisiana.  I  have  enquired 
of  several  credible  persons  who  have  traversed  the  western 
woods  extensively,  and  quite  down  to  New  Orleans,  all  of  whom 
affirm  that  no  other  than  our  common  deer  are  any  where  seen. 
Nor  can  I  find  any  written  evidence  to  the  contrary  that  de- 
serves notice.  You  have,  I  believe,  justly  considered  our  Mo- 
nax  as  the  Marmotte  of  Europe.  I  have  lately  had  an  oppor- 
tunity of  examining  a  female  one  with  some  attention.  Its 
weight,  after  it  had  lost  a  good  deal  of  blood,  was  5|  Ibs.  Its 
dimensions,  shape,  teeth,  and  structure  within,  as  far  as  I  could 
judge,  corresponded  in  substance  with  the  description  given  by 


1786.  LETTERS.  235 

D'Aubenton.  In  sundry  minute  circumstances  a  precise  cor- 
respondence was  also  observable.  The  principal  variations 
were:  1",  in  the  face,  which  was  shorter  in  the  Monax  than  in 
the  proportions  of  the  Marmotte,  and  was  less  arched  about  the 
root  of  the  nose.  2ud,  in  the  feet,  each  of  the  forefeet  having  a 
fifth  nail,  about  |  of  an  inch  long,  growing  out  of  the  inward 
side  of  the  heel,  without  any  visible  toe.  From  this  particular 
it  would  seem  to  be  the  Marmotte  of  Poland,  called  the  Bobac, 
rather  than  the  Alpine  Marmotte.  3rd,  in  the  teats,  which  were 
8  only.  The  marmotte  in  Buifon  had  10.  4th,  in  several  circum- 
stances of  its  robe,  particularly  of  that  of  the  belly,  which  con- 
sisted of  a  short,  coarse,  thin  hair,  whereas  this  part  of  Buffon's 
marmotte  was  covered  with  a  thicker  fur  than  the  back,  &c. 

A  very  material  circumstance  in  the  comparison  remains  to 
be  ascertained.  The  European  Marmotte  is  in  the  class  of  those 
which  are  dormant  during  the  winter.  No  person  here  of  whom 
I  have  enquired  can  decide  whether  this  be  a  quality  of  the 
Monax.  I  infer  that  it  is  of  the  dormant  class,  not  only  from 
its  similitude  to  the  Marmotte  in  other  respects,  but  from  the 
sensible  coldness  of  the  Monax  I  examined,  compared  with  the 
human  body,  although  the  vital  heat  of  quadrupeds  is  said,  in 
general,  to  be  greater  than  that  of  man.  This  inferiority  of 
heat  being  a  characteristic  of  animals  which  become  torpid 
from  cold,  I  should  consider  it  as  deciding  the  quality  of  the 
Monax  in  this  respect,  were  it  not  that  the  subject  of  my  exam- 
ination, though  it  remained  alive  several  days,  was  so  crippled 
and  apparently  dying  the  whole  time,  that  its  actual  heat  could 
not  fairly  be  taken  for  the  degree  of  its  natural  heat.  If  it  had 
recovered,  I  intended  to  have  made  a  trial  with  the  Thermom- 
eter. I  now  propose  to  have,  if  I  can,  one  of  their  habitations 
discovered  during  the  summer,  and  to  open  it  on  some  cold  day 
next  winter.  This  will  fix  the  matter.  There  is  another  cir- 
cumstance which  belongs  to  a  full  comparison  of  the  two  ani- 
mals. The  Marmotte  of  Europe  is  said  to  be  an  inhabitant  of 
the  upper  region  of  mountains  only.  Whether  our  Monax  be 
confined  to  mountainous  situations  or  not,  I  have  not  yet  learnt. 
If  it  be  not  found  as  a  permanent  inhabitant  of  the  level  coun- 


236  WORKS    OF    MADISON.  1786. 

try,  it  certainly  descends  occasionally  into  the  plains  which  are 
in  the  neighborhood  of  mountains. 

I  also  compared,  a  few  days  ago,  one  of  our  moles  with  the 
male  one  described  in  Buffon.  It  weighed  2  ounces  11  pen48. 
Its  length,  the  end  of  its  snout  to  the  root  of  the  tail,  was  5 
inches  3  lines,  English  measure.  That  described  in  Buffon  was 
not  weighed,  I  believe.  Its  length  was  5  inches,  French  meas- 
ure. The  external  and  internal  correspondence  seemed  to  be 
too  exact  for  distinct  species.  There  was  a  difference,  never- 
theless, in  two  circumstances,  one  of  which  is  not  unworthy  of 
notice,  and  the  other  of  material  consequence  in  the  compari- 
son. The  first  difference  was  in  the  tail,  that  of  the  mole  here 
being  10|  English  lines  only  in  the  length,  and  naked,  whereas 
that  of  Buffon's  mole  was  14  French  lines  in  length,  and  covered 
with  hair.  If  the  hair  was  included  in  the  latter  measure,  the 
difference  in  the  length  ought  scarcely  to  be  noticed.  The  sec- 
ond difference  lay  in  the  teeth.  The  mole  in  Buffon  had  44. 
That  which  I  examined  had  but  33;  one  of  those  on  the  left  side 
of  the  upper  jaw,  and  next  to  the  principal  cutters,  was  so  small 
as  to  be  scarcely  visible  to  the  natural  eye,  and  had  no  corre- 
sponding tooth  on  the  opposite  side.  Supposing  this  defect  of  a 
corresponding  tooth  to  be  accidental,  a  difference  of  ten  teeth 
still  remains. 

If  these  circumstances  should  not  be  thought  to  invalidate 
the  identity  of  species,  the  mole  will  stand  as  an  exception  to 
the  Theory  which  supposes  no  animal  to  be  common  to  the  two 
continents  which  cannot  bear  the  cold  of  the  region  where  they 
join,  since,  according  to  Buffon,  this  species  of  mole  is  not  found 
"dans  les  climats  froids  ou  la  terre  est  glace  pendant  la  plus 
grande  partie  de  Tannee,"  and  it  cannot  be  suspected  of  such  a 
journey  during  a  short  summer  as  would  head  the  sea  which 
separates  the  two  continents.  I  suspect  that  several  of  our 
quadrupeds  which  are  not  peculiar  to  the  new  continent  will 
be  found  to  be  exceptions  to  this  Theory,  if  the  mole  should 
not.  The  Marmotte  itself  is  not  an  animal  taken  notice  of  very 
far  to  the  north,  and  as  it  moves  slowly,  and  is  deprived  of  its 
locomotive  powers  altogether  by  cold,  cannot  be  supposed  to 


1786.  LETTERS.  237 

have  travelled  the  road  which  leads  from  the  old  to  the  New 
World.  It  is,  perhaps,  questionable  whether  any  of  the  dor- 
mant animals,  if  any  such  be  really  common  to  Europe  and 
America,  can  have  emigrated  from  one  to  the  other. 

I  have  thought  that  the  cuts  of  the  Quadrupeds  in  Buffon,  if 
arranged  in  frames,  would  make  both  an  agreeable  and  instruc- 
tive piece  of  wall  furniture.  What  would  be  the  cost  of  them 
in  such  a  form?  I  suppose  they  are  not  to  be  had  coloured  to 
the  life,  and  would,  besides,  be  too  costly.  What  is  the  pries 
of  Buffon's  birds,  colored? 

Your  letter  of  28  October  has  never  come  to  hand. 


TO  JAMES  MONROE. 

ORANGE,  May  13th.  1786. 

DEAR  SIB,— -9  ********** 
I  think,  with  you,  that  it  would  have  an  odd  appearance  for 
two  Conventions  to  be  sitting  at  the  same  time  with  powers  in 
part  concurrent.  The  reasons  you  give  seem  also  to  be  valid 
against  augmenting  the  powers  of  that  which  is  to  meet  at  An- 
napolis. I  am  not  surprized,  therefore,  at  the  embarrassment 
of  Congress  in  the  present  conjuncture.  Will  it  not  be  best,  on 
the  whole,  to  suspend  measures  for  a  more  thorough  cure  of  our 
federal  system  till  the  partial  experiment  shall  have  been  made  ? 
If  the  spirit  of  the  Conventioners  should  be  friendly  to  the 
Union,  and  their  proceedings  well  conducted,  their  return  into 
the  councils  of  their  respective  States  will  greatly  facilitate  any 
subsequent  measures  which  may  be  set  on  foot  by  Congress,  or 
by  any  of  the  States. 

Great  changes  have  taken  place  in  the  late  elections.  I  re- 
gret much  that  we  are  not  to  have  your  aid.  It  will  be  greatly 
needed,  I  am  sure.  Mercer,  it  seems,  lost  his  election  by  the 
same  number  of  votes  as  left  you  out.  He  was  absent  at  the 
time,  or  he  would  no  doubt  have  been  elected.  Have  you  seen 
his  pamphlet?  You  will  have  heard  of  the  election  of  Col. 
Mason,  General  Nelson,  Mann  Page,  G.  Nicholas,  Jn°  Nicholas, 


238  WORKS    OF    MADISON.  1786. 

and  Col.  Bland.  Col.  Mason  will  be  an  inestimable  acquisi- 
tion on  most  of  the  great  points.  On  the  port  bill  he  is  to  be 
equally  dreaded.  In  fact,  I  consider  that  measure  as  lost  almost 
at  any  rate.  There  was  a  majority  against  it  last  session  if  it 
had  been  skilfully  made  use  of.  To  force  the  trade  to  Norfolk 
and  Alexandria,  without  preparations  for  it  at  those  places, 
will  be  considered  as  injurious.  And  so  little  ground  is  there 
for  confidence  in  the  stability  of  the  Legislature,  that  no  prep- 
arations will  ever  be  made  in  consequence  of  a  preceding  law. 
The  transition  must  of  necessity,  therefore,  be  at  any  time  ab- 
rupt and  inconvenient.  I  am  somewhat  apprehensive,  likewise, 
that  Col.  Mason  may  not  be  fully  cured  of  his  anti-federal  pre- 
judices. 

We  hear  from  Kentucky  that  the  savages  continue  to  disquiet 
them.  Col.  W.  Christian,  it  is-  said,  lately  lost  his  life  in  pur- 
suing a  few  who  had  made  an  inroad  on  the  settlement.  We 
are  told,  too,  that  the  proposed  separation  is  grgwing  very  un- 
popular among  them. 


TO  JAMES  MONROE. 

ORANGE,  June  4th,  1786. 

DEAR  SIR, — At  the  date  of  my  last,  I  expected  I  should  by 
this  time  have  been  on  the  journey  which  promises  the  pleasure 
of  taking  you  by  the  hand  in  New  York.  Several  circumstances 
have  produced  a  delay  in  my  setting  out  which  I  did  not  cal- 
culate upon,  and  which  are  like  to  continue  it  for  eight  or  ten 
days  to  come.  My  journey  will  also  be  rendered  tedious  by  the 
route  which  I  shall  pursue.  I  have  some  business  which  makes 
it  expedient  for  me  to  take  Winchester  and  Lancaster  in  my 
way,  and  some  duties  of  consanguinity  which  will  detain  me 
some  days  in  the  neighborhood  of  the  former.  If  I  have  an  op- 
portunity I  will  write  you  again  before  I  set  out;  and  if  I  should 
not,  I  will  do  it  immediately  on  my  reaching  Philadelphia.  You 
will  not  write  after  the  receipt  of  this. 

I  imagine  you  get  from  Mr.  Jones  better  information  as  to 


178G.  LETTERS.  239 

the  back  country,  as  well  as  concerning  our  more  immediate  af- 
fairs, than  I  can  give  you.  The  death  of  Christian  seems  to  be 
confirmed.  The  disinclination  of  Kentucky  to  a  separation  is 
also  repeated  with  strong  circumstances  of  probability.  Our 
staple  continues  low.  The  people  have  got  in  debt  to  the  mer- 
chants, who  set  their  own  price,  of  course.  There  are,  perhaps, 
other  causes  also,  besides  the  fall  of  the  market  in  Europe, 
which,  of  itself,  does  not  explain  the  matter.  One  of  them  may 
be  the  scarcity  of  money,  which  is  really  great. 

The  advocates  for  paper  money  are  making  the  most  of  this 
handle.  I  begin  to  fear  exceedingly  that  no  efforts  will  be  suf- 
ficient to  parry  this  evil.  The  election  of  Col.  Mason  is  the 
main  counterpoise  for  my  hopes  against  the  popular  cry.  Mann 
Page  and  General  Nelson  will  also,  I  flatter  myself,  be  valuable 
fellow-labourers.  Our  situation  is  truly  embarrassing.  It  can- 
not, perhaps,  be  affirmed  that  there  is  gold  and  silver  enough 
in  the  Country  to  pay  the  next  tax.  What,  then,  is  to  be  done? 
Is  there  any  other  alternative  but  to  emit  paper,  or  to  postpone 
the  collection?  These  are  the  questions  which  will  be  rung  in 
our  ears  by  the  very  men  whose  past  measures  have  plunged  us 
into  our  difficulties.  But  I  will  not  plague  you  with  our  diffi- 
culties here.  You  have  enough  of  them,  I  am  sure,  where  you 
are.  Present  my  best  respects  to  Col.  Grayson  and  your  other 
colleagues,  and  believe  me  to  be,  your's  affectionately. 


TO  JAMES  MONROE. 

ORANGE,  June  21st,  1786. 

DEAR  SIR, — Your  favor  of  the  31st  ult.  did  not  come  to  hand 
till  two  days  ago.  As  I  expect  to  see  you  in  a  short  time,  I 
will  suspend  the  full  communication  of  my  ideas  on  the  subject 
of  it  till  I  have  that  pleasure. 

I  cannot,  however,  forbear  in  the  mean  time  expressing  my 
amazement  that  a  thought  should  be  entertained  of  surrender- 
ing the  Mississippi,  and  of  guarantying  the  possessions  of  Spain 


240  WORKS    OF    MADISON.  1786. 

in  America.  In  the  first  place,  has  not  Virginia,  have  not  Con- 
gress themselves,  and  the  Ministers  of  Congress  by  their  orders, 
asserted  the  right  of  those  who  live  on  the  waters  of  the  Mis- 
sissippi to  use  it  as  the  high  road  given  by  nature  to  the  sea  ? 
This  being  the  case,  have  Congress  any  more  authority  to  say 
that  the  Western  citizens  of  Virginia  shall  not  pass  through 
the  capes  of  the  Mississippi  than  to  say  that  her  Eastern  citi- 
zens shall  not  pass  through  the  capes  Henry  and  Charles  ?  It 
should  be  remembered  that  the  United  States  are  not  now  ex- 
tricating themselves  from  war — a  crisis  which  often  knows  no 
law  but  that  of  necessity.  The  measure  in  question  would  be  a 
voluntary  barter,  in  time  of  profound  peace,  of  the  rights  of 
one  part  of  the  empire  to  the  interests  of  another  part.  What 
would  Massachusetts  say  to  a  proposition  for  ceding  to  Britain 
her  right  of  fishery  as  the  price  of  some  stipulations  in  favor 
of  Tobacco? 

Again :  can  there  be  a  more  short-sighted  or  dishonorable 
policy  than  to  concur  with  Spain  in  frustrating  the  benevolent 
views  of  nature,  to  sell  the  affections  of  our  ultra-montane 
brethren,  to  depreciate  the  richest  fund  we  possess,  to  distrust 
an  ally  we  know  to  be  able  to  befriend  us,  and  to  have  an  in- 
terest in  doing  it  against  the  only  nation  whose  enmity  we  can 
dread,  and  at  the  same  time  to  court  by  the  most  precious 
sacrifices  the  alliance  of  a  nation  whose  impotency  is  notorious, 
who  has  given  no  proof  of  regard  for  us,  and  the  genius  of 
whose  Government,  religion,  and  manners,  unfits  them  of  all  the 
nations  in  Christendom  for  a  coalition  with  this  country?  Can 
anything,  too,  as  you  well  observe,  be  more  unequal  than  a 
stipulation  which  is  to  open  all  our  ports  to  her,  and  some  only, 
and  those  the  least  valuable,  of  hers  to  us ;  and  which  places 
the  commercial  freedom  of  our  ports  against  the  fettered  regu- 
lations of  those  in  Spain  ?  I  always  thought  the  stipulation 
with  France  and  Holland  of  the  privileges  of  the  most  favoured 
nation  unequal,  and  only  to  be  justified  by  the  influence  which 
the  treaties  could  not  fail  to  have  on  the  event  of  the  war.  A 
stipulation  putting  Spanish  subjects  on  the  same  footing  with 
our  own  citizens  is  carrying  the  evil  still  farther,  without  the 


1786.  LETTERS.  241 

same  pretext  for  it,  and  is  the  more  to  be  dreaded,  as  by 
making  her  the  most  favored  nation  it  would  let  in  the  other 
nation  with  whom  we  are  now  connected  to  the  same  privileges, 
whenever  they  may  find  it  their  interest  to  make  the  same 
compensation  for  them,  whilst  we  have  not  a  reciprocal  right 
to  force  them  into  such  an  arrangement  in  case  our  interest 
should  dictate  it. 

A  guaranty  is,  if  possible,  still  more  objectionable.  If  it  be 
insidious,  we  plunge  ourselves  into  infamy;  if  sincere,  into  ob- 
ligations the  extent  of  which  cannot  easity  be  determined.  In 
either  case  we  get  farther  into  the  labyrinth  of  European  poli- 
tics, from  which  we  ought  religiously  to  keep  ourselves  as  free 
as  possible.  And  what  is  to  be  gained  by  such  a  rash  step? 
Will  any  man  in  his  senses  pretend  that  our  territory  needs 
such  a  safeguard,  or  that,  if  it  were  in  danger,  it  is  the  arm  of 
Spain  that  is  to  save  it?  Viewing  the  matter  in  this  light,  I 
cannot  but  flatter  myself  that  if  the  attempt  you  apprehend 
should  be  made,  it  will  be  rejected  with  becoming  indignation. 

I  am  less  sanguine  as  to  the  issue  of  the  other  matter  con- 
tained in  your  letter.  I  know  the  mutual  prejudices  which 
impede  every  overture  towards  a  just  and  final  settlement  of 
claims  and  accounts.  I  persist  in  the  opinion  that  a  proper 
and  speedy  adjustment  is  unattainable  from  any  assembly  con- 
stituted as  Congress  is,  and  acting  under  the  impulse  which 
they  must.  I  need  not  repeat  to  you  the  plan  which  has  always 
appeared  to  me  most  likely  to  answer  the  purpose.  In  the 
mean  time  it  is  mortifying  to  see  the  other  States,  or  rather 
their  Representatives,  pursuing  a  course  which  will  make  the 
case  more  and  more  difficult,  and  putting  arms  into  the  hands 
of  the  enemies  to  every  amendment  of  our  federal  system.  God 
knows  that  they  are  formidable  enough  in  this  State  without 
such  an  advantage.  With  it,  their  triumph  will  be  certain  and 
easy.  But  I  have  been  led  much  farther  already  than  I  pro- 
posed, and  will  only  that 

I  am  with  the  sincerest  affection,  your  friend  and  serv. 

VOL.  i.  16 


242  WORKS    OF    MADISON.  1786. 


TO  THOMAS  JEFFERSON. 

PHILADELPHIA,  Aug.  12th,  1786. 

DEAR  SIR, — My  last,  of  the  19th  of  June,  intimated  that  my 
next  would  be  from  New  York  or  this  place.  I  expected  it 
would  rather  have  been  from  the  former,  which  I  left  a  few  days 
ago;  but  my  time  was  so  taken  up  there  with  my  friends  and 
some  business,  that  I  thought  it  best  to  postpone  it  till  my  re- 
turn here.  My  ride  through  Virginia,  Maryland,  and  Pennsyl- 
vania, was  in  the  midst  of  harvest.  I  found  the  crops  of  wheat 
in  the  upper  parts  of  the  two  former  considerably  injured  by 
the  wet  weather,  which  my  last  described  as  so  destructive  in 
the  lower  parts  of  those  States.  The  computed  loss  where  I 
passed  was  about  one-third.  The  loss  in  the  Rye  was  much 
greater.  It  was  admitted,  however,  that  the  crops  of  both 
would  have  been  unusually  large  but  for  this  casualty.  Through- 
out Pennsylvania  the  wheat  was  unhurt,  and  the  Rye  very  little 
affected. 

As  I  came  by  the  way  of  Winchester  and  crossed  the  Potow- 
mac  at  Harper's  Ferry,  I  had  an  opportunity  of  viewing  the 
magnificent  scene  which  nature  here  presents.  I  viewed  it,  how- 
ever, under  great  disadvantages.  The  air  was  so  thick  that 
distant  objects  were  not  visible  at  all,  and  near  ones  not  dis- 
tinctly so.  We  ascended  the  mountain,  also,  at  a  wrong  place, 
fatigued  ourselves  much  in  traversing  it  before  we  gained  the 
right  position,  were  threatened  during  the  whole  time  with  a 
thunder  storm,  and  finally  overtaken  by  it.  Had  the  weather 
been  favorable  the  prospect  would  have  appeared  to  peculiar 
advantage,  being  enriched  with  the  harvest  in  its  full  maturity, 
which  filled  every  vale  as  far  as  the  eye  could  reach. 

I  had  the  additional  pleasure  here  of  seeing  the  progress  of 
the  works  on  the  Potowmac.  About  50  hands  were  employed 
at  these  falls,  or  rather  rapids,  who  seemed  to  have  overcome 
the  greatest  difficulties.  Their  plan  is  to  slope  the  fall  by  open- 
ing the  bed  of  the  river,  in  such  a  manner  as  to  render  a  lock 
unnecessary,  and,  by  means  of  ropes  fastened  to  the  rocks,  to 
pull  up  and  ease  down  the  boats  where  the  current  is  most 


1786.  LETTERS.  243 

rapid.  At  the  principal  falls  150  hands,  I  was  told,  were  at 
work,  and  that  the  length  of  the  canal  will  be  reduced  to  less 
than  a  mile,  and  carried  through  a  vale  which  does  not  require 
it  to  be  deep.  Locks  will  here  be  unavoidable.  The  under- 
takers are  very  sanguine.  Some  of  them  who  are  most  so  talk 
of  having  the  entire  work  finished  in  three  years.  I  can  give 
no  particular  account  of  the  progress  on  James  River,  but  am 
told  it  is  very  flattering.  I  am  still  less  informed  of  what  is 
doing  with  North  Carolina  towards  a  canal  between  her  and 
our  waters.  The  undertaking  on  the  Susquehannah  is  said  to 
be  in  such  forwardness  as  to  leave  no  doubt  of  its  success. 

A  negociation  is  set  on  foot  between  Pennsylvania,  Mary- 
land, and  Delaware,  for  a  canal  from  the  head  of  Chesapeak  to 
the  Delaware.  Maryland,  as  1  understand,  heretofore  opposed 
the  undertaking,  and  Pennsylvania  means  now  to  make  her 
consent  to  it  a  condition  on  which  the  opening  of  the  Susque- 
hannah within  the  limits  of  Pennsylvania  will  depend.  Unless 
this  is  permitted,  the  opening  undertaken  within  the  limits  of 
Maryland  will  be  of  little  account.  It  is  lucky  that  both'par- 
ties  are  so  dependent  on  each  other  as  to  be  thus  mutually  forced 
into  measures  of  general  utility.  I  am  told  that  Pennsylvania 
has  complied  with  the  joint  request  of  Virginia  and  Maryland 
for  a  road  between  the  head  of  Potowmac  and  the  waters  of 
the  Ohio,  and  the  secure  and  free  use  of  the  latter  through  her 
jurisdiction. 

These  fruits  of  the  Revolution  do  great  honour  to  it.  I  wish 
all  our  proceedings  merited  the  same  character.  Unhappily, 
there  are  but  too  many  belonging  to  the  opposite  side  of  the 
account.  At  the  head  of  these  is  to  be  put  the  general  rage  for 
paper  money.  Pennsylvania  and  North  Carolina  took  the  lead 
in  this  folly.  In  the  former  the  sum  emitted  was  not  consider- 
able, the  funds  for  sinking  it  were  good,  and  it  was  not  made  a 
legal  tender.  It  issued  into  circulation  partly  by  way  of  loan 
to  individuals  on  landed  security,  partly  by  way  of  payment  to 
the  public  creditors.  Its  present  depreciation  is  about  10  or  12 
per  cent.  In  North  Carolina  the  sums  issued  at  different  times 
have  been  of  greater  amount,  and  it  has  constantly  been  a  ten- 


244  WORKS    OF    MADISON.  1786. 

der.  It  issued  partly  in  payments  to  military  creditors,  and, 
latterly,  in  purchases  of  Tobacco  on  public  account.  The 
Agent,  I  am  informed,  was  authorised  to  give  nearly  the  double 
of  the  current  price;  and  as  the  paper  was  a  tender,  debtors  ran 
to  him  with  their  Tobacco,  and  the  creditors  paid  the  expence 
of  the  farce.  The  depreciation  is  said  to  be  25  or  30  per  cent. 
in  that  State.  South  Carolina  was  the  next  in  order.  Her 
emission  was  in  the  way  of  loans  to  individuals,  and  is  not  a 
legal  tender.  But  land  is  there  made  a  tender  in  case  of  suits, 
which  shuts  the  Courts  of  Justice,  and  is,  perhaps,  as  great  an 
evil.  The  friends  of  the  emission  say  that  it  has  not  yet  depre- 
ciated, but  they  admit  that  the  price  of  commodities  has  risen, 
which  is  evidently  the  form  in  which  depreciation  will  first  shew 
itself. 

New  Jersey  has  just  issued  £30,000  (dollar  at  7s.  6c?.)  in 
loans  to  her  citizens.  It  is  a  legal  tender.  An  addition  of 
£100,000  is  shortly  to  follow  on  the  same  principles.  The  ter- 
ror of  popular  associations  stifles,  as  yet,  an  overt  discrimina- 
tion between  it  and  specie;  but  as  this  does  not  operate  in  Phil- 
adelphia and  New  York,  where  all  the  trade  of  New  Jersey  is 
carried  on,  its  depreciation  has  already  commenced  in  those 
places,  and  must  soon  communicate  itself  to  New  Jersey.  New 
York  is  striking  £200,000  (dollar  at  8s.)  on  the  plan  of  loans 
to  her  citizens.  It  is  made  a  legal  tender  in  case  of  suits  only. 
As  it  is  but  just  issuing  from  the  press,  its  depreciation  exists 
only  in  the  foresight  of  those  who  reason  without  prejudice  on 
the  subject.  In  Rhode  Island,  £100,000  (dollar  at  6s.)  has 
lately  been  issued  in  loans  to  individuals.  It  is  not  only  made 
a  tender,  but  severe  penalties  annexed  to  the  least  attempt,  di- 
rect or  indirect,  to  give  a  preference  to  specie.  Precautions 
dictated  by  distrust  in  the  rulers  soon  produced  it  in  the  peo- 
ple. Supplies  were  withheld  from  the  Market,  the  Shops  were 
shut,  popular  meetings  ensued,  and  the  State  remains  in  a  sort 
of  convulsion. 

The  Legislature  of  Massachusetts  at  their  last  session  rejected 
a  paper  emission  by  a  large  majority.  Connecticut  and  New 
Hampshire,  also,  have  as  yet  forborne,  but  symptoms  of  danger, 


1786.  LETTERS.  245 

it  is  said,  begin  to  appear  in  the  latter.  The  Senate  of  Mary- 
land has  hitherto  been  a  bar  to  paper  in  that  State.  The 
clamor  for  it  is  now  universal,  and  as  the  periodical  election  of 
the  Senate  happens  at  this  crisis,  and  the  whole  body  is,  un- 
luckily, by  their  Constitution,  to  be  chosen  at  once,  it  is  proba- 
ble that  a  paper  emission  will  be  the  result.  If,  in  spite  of  the 
zeal  exerted  against  the  old  Senate,  a  majority  of  them  should 
be  re-elected,  it  will  require  all  their  firmness  to  withstand  the 
popular  torrent.  Of  the  affairs  of  Georgia  I  know  as  little  as 
of  those  of  Kamskatska. 

Whether  Virginia  is  to  remain  exempt  from  the  epidemic 
malady  will  depend  on  the  ensuing  Assembly.  My  hopes  rest 
chiefly  on  the  exertions  of  Col.  Mason,  and  the  failure  of  the 
experiments  elsewhere.  That  these  must  fail  is  morally  certain; 
for  besides  the  proofs  of  it  already  visible  in  some  States,  and 
the  intrinsic  defect  of  the  paper  in  all,  this  fictitious  money  will 
rather  feed  than  cure  the  spirit  of  extravagance  which  sends 
away  the  coin  to  pay  the  unfavorable  balance,  and  will  there- 
fore soon  be  carried  to  market  to  buy  up  coin  for  that  purpose. 
From  that  moment  depreciation  is  inevitable.  The  value  of 
money  consists  in  the  uses  it  will  serve.  Specie  will  serve  all 
the  uses  of  paper;  paper  will  not  serve  one  of  the  essential  uses 
of  specie.  The  paper,  therefore,  will  be  less  valuable  than  spe- 
cie. Among  the  numerous  ills  with  which  this  practice  is  preg- 
nant, one,  I  find,  is,  that  it  is  producing  the  same  warfare  and 
retaliation  among  the  States  as  were  produced  by  the  State 
regulations  of  commerce.  Massachusetts  and  Connecticut  have 
passed  laws  enabling  their  citizens  who  are  debtors  to  citizens 
of  States  having  paper  money,  to  pay  their  debts  in  the  same 
manner  as  their  citizens  who  are  creditors  to  citizens  of  the  lat- 
ter States  are  liable  to  be  paid  their  debts. 

The  States  which  have  appointed  deputies  to  Annapolis  are 
New  Hampshire,  Massachusetts,  Rhode  Island,  New  York,  New 
Jersey,  Pennsylvania,  Delaware,  and  Virginia.  Connecticut 
declined,  not  from  a  dislike  to  the  object,  but  to  the  idea  of  a 
Convention,  which  it  seems  has  been  rendered  obnoxious  by 
some  internal  Conventions,  which  embarrassed  the  Legislative 


216  WORKS    OF    MADISON.  1786. 

authority.  Maryland,  or  rather  her  Senate,  negatived  an  ap- 
pointment, because  they  supposed  the  measure  might  interfere 
with  the  plans  or  prerogatives  of  Congress.  North  Carolina 
has  had  no  Legislative  meeting  since  the  proposition  was  com- 
municated. South  Carolina  supposed  she  had  sufficiently  sig- 
nified her  concurrence  in  a  general  regulation  of  trade  by  vest- 
ing the  power  in  Congress  for  15  years.  Georgia . 

Many  Gentlemen,  both  within  and  without  Congress,  wish  to 
make  this  meeting  subservient  to  a  plenipotentiary  Convention 
for  amending  the  Confederation.  Tho'  my  wishes  are  in  favor 
of  such  an  event,  yet  I  despair  so  much  of  its  accomplishment 
at  the  present  crisis  that  I  do  not  extend  my  views  beyond  a 
commercial  Reform.  To  speak  the  truth,  I  almost  despair  even 
of  this.  You  will  find  the  cause  in  a  measure  now  before  Con- 
gress, of  which  you  will  receive  the  detail  from  Col.  Monroe. 
I  content  myself  with  hinting  that  it  is  a  proposed  treaty  with 
Spain,  one  article  of  which  shuts  up  the  Mississippi  for  twenty- 
five  or  thirty  years.  Passing  by  the  other  Southern  States, 
figure  to  yourself  the  effect  of  such  a  stipulation  on  the  Assem- 
bly of  Virginia,  already  jealous  of  Northern  politics,  and  which 
will  be  composed  of  about  thirty  members  from  the  Western 
waters;  of  a  majority  of  others  attached  to  the  Western  Coun- 
try from  interests  of  their  own,  of  their  friend,  or  their  constit- 
uent; and  of  many  others  who,  though  indifferent  to  Mississippi, 
will  zealously  play  off  the  disgust  of  their  friends  against  fed- 
eral measures.  Figure  to  yourself  its  effect  on  the  people  at 
large  on  the  western  waters,  who  are  impatiently  waiting  for  a 
favorable  result  to  the  negociation  of  Gardoqui,  and  who  will 
consider  themselves  as  sold  by  their  Atlantic  brethren.  Will 
it  be  an  unnatural  consequence  if  they  consider  themselves  ab- 
solved from  every  federal  tie,  and  court  some  protection  for 
their  betrayed  rights?  This  protection  will  appear  more  at- 
tainable from  the  maritime  power  of  Britain  than  from  any  other 
quarter;  and  Britain  will  be  more  ready  than  any  other  nation 
to  seize  an  opportunity  of  embroiling  our  affairs. 

What  may  be  the  motive  with  Spain  to  satisfy  herself  with  a 
temporary  occlusion  of  the  Mississippi,  at  the  same  time  that 


1786.  LETTERS. 

she  holds  forth  our  claim  to  it  as  absolutely  inadmissible,  is 
matter  of  conjecture  only.  The  patrons  of  the  measure  in  Con- 
gress contend  that  the  Minister,  who  at  present  governs  the 
Spanish  councils,  means  only  to  disembarrass  himself  at  the 
expence  of  his  successors.  I  should  rather  suppose  he  means  to 
work  a  total  separation  of  interest  and  affection  between  west- 
ern and  eastern  settlements,  and  to  foment  the  jealousy  between 
the  Eastern  and  Southern  States.  By  the  former,  the  population 
of  the  Western  Country,  it  may  be  expected,  will  be  checked, 
and  the  Mississippi  so  far  secured;  and,  by  both,  the  general 
security  of  Spanish  America  be  promoted. 

As  far  as  I  can  learn,  the  assent  of  nine  States  in  Congress 
will  not  at  this  time  be  got  to  the  projected  treaty;  but  an  un- 
successful attempt  by  six  or  seven  will  favor  the  views  of  Spain, 
and  be  fatal,  I  fear,  to  an  augmentation  of  the  federal  authority, 
if  not  to  the  little  now  existing.  My  personal  situation  is  ren- 
dered by  this  business  particularly  mortifying.  Ever  since  I 
have  been  out  of  Congress  I  have  been  inculcating  on  our  As- 
sembly a  confidence  in  the  equal  attention  of  Congress  to  the 
rights  and  interests  of  every  part  of  the  Republic,  and  on  the 
Western  members,  in  particular,  the  necessity  of  making  the 
Union  respectable  by  new  powers  to  Congress,  if  they  wished 
Congress  to  negociate  with  effect  for  the  Mississippi. 

I  leave  to  Col.  Monroe  the  giving  you  a  particular  account 
of  the  impost.  The  acts  of  Pennsylvania,  Delaware,  and  New 
York,  must  be  revised  and  amended  in  material  points  before 
it  can  be  put  in  force,  and  even  then  the  fetters  put  on  the  col- 
lection by  some  other  States  will  make  it  a  very  awkward  busi- 
ness. Your  favor  of  25th  of  April,  from  London,  found  me 
here.  My  letter  from  Richmond  at  the  close  of  the  Assembly 
will  have  informed  you  of  the  situation  in  which  British  debts 
stand  in  Virginia.  Unless  Congress  say  something  on  the  sub- 
ject, I  do  not  think  anything  will  be  done  by  the  next  session. 
The  expectations  of  the  British  Merchants  coincide  with  the 
information  I  had  received,  as  your  opinion  of  the  steps  proper 
to  be  taken  by  the  Assembly  do  with  those  for  which  I  have 
ineffectually  contended.  The  merits  of  Mr.  Paradise  will  ensure 


248  WORKS    OF    MADISON.  1786. 

every  attention  from  me  to  his  claim,  as  far  as  general  principles 
will  admit. 

The  catalogues  sent  by  Mr.  Skipwith  I  do  not  expect  to  re- 
ceive till  I  get  back  to  Virginia.  If  you  meet  with  "  Gro3corum 
Respublicaa  ab  Ubbone  Emmio  descriptse,"  Sugd.  Batavorum, 
1632,  pray  get  it  for  me. 


TO   JAMES   MONROE. 

PHILADELPHIA,  August  15th,  1786. 

DEAR  SIR—  *  *  *  *  *  * 
I  am  sorry  the  development  of  the  interesting  subject  before 
Congress*  had  so  little  effect  on  the  members.  I  did  not  see 
General  St.  Clair,  and  if  I  had,  my  acquaintance  is  too  slender 
to  have  warranted  my  broaching  a  conversation  with  him.  I 
have  conferred  freely  with  Mr.  Wilson.  What  his  ultimate 
opinion  may  be  on  a  full  view  of  the  measure  in  its  details,  I 
cannot  say.  I  think  he  is  not  unaware  of  strong  objections 
against  it,  particularly  as  it  tends  to  defeat  the  object  of  the 
meeting  at  Annapolis,  from  which  he  has  great  expectations. 


TO  JAMES  MONROE. 

PHILADELPHIA,  August  17th,  1786. 

DK  SIR, — I  have  your  favor  of  the  14th  inst.  The  expedientt 
of  which  you  ask  my  opinion  has  received,  as  it  deserved,  all  the 

*  Jay's  proposition. 

f  "It  has  occurred  to  Grayson  and  myself  to  propose  to  Congress  that  nego- 
ciations  be  carried  on  with  Spain  upon  the  following  principles :  1.  That  exports 
be  admitted  through  the  Mississippi  to  some  free  port,  perhaps  New  Orleans,  to 
pay  there  a  toll  to  Spain  of  about  3  per  centum  ad  valorem,  and  to  be  carried 
thence  under  the  regulations  of  Congress.  2.  That  imports  shall  pass  into  the 
western  Country  through  the  ports  of  the  United  States  only.  3.  That  this  sac- 
rifice be  given  up  to  obtain  in  other  respects  a  beneficial  treaty." — Extract  from 
Mr.  Monroe's  letter  referred  to. 


1786.  LETTERS.  249 

consideration  which  the  time  and  other  circumstances  would 
allow  me  to  give.  I  think  that,  in  the  present  state  of  things, 
such  an  arrangement  would  be  beneficial,  and  even  pleasing  to 
those  most  concerned  in  it;  and  yet  I  doubt  extremely  the  pol- 
icy of  your  proposing  it  to  Congress.  The  objections  which 
occur  to  me  are:  1.  That  if  the  temper  and  views  of  Congress 
be  such  as  you  apprehend,  it  is  morally  certain  they  would  not 
enter  into  the  accommodation.  Nothing,  therefore,  would  be 
gained,  and  you  would  have  to  combat  under  the  disadvantage  of 
having  forsaken  your  first  ground.  2.  If  Congress  should  adopt 
your  expedient  as  a  ground  of  negociation  with  Guardoqui,  and 
the  views  of  Spain  be  such  as  they  must  be  apprehended  to  be, 
it  is  still  more  certain  that  it  would  be  rejected  on  that  side, 
especially  under  the  flattering  hopes  which  the  spirit  of  conces- 
sion in  Congress  must  have  raised.  In  this  event,  the  patrons 
of  the  measure  now  before  Congress  would  return  to  it  with 
greater  eagerness  and  with  fresh  arguments,  drawn  from  the 
impossibility  of  making  better  terms,  and  from  the  relaxation 
into  which  their  opponents  will  have  been  betrayed.  It  is  even 
possible  that  a  foresight  of  this  event  might  induce  a  politic 
concurrence  in  the  experiment. 

Your  knowledge  of  all  circumstances  will  make  you  a  better 
judge  of  the  solidity  or  fallacy  of  these  reflections  than  I  can 
be.  I  do  not  extend  them  because  it  would  be  superfluous,  as 
well  as  because  it  might  lead  to  details  which  could  not  pru- 
dently be  committed  to  the  mail  without  the  guard  of  a  cypher. 
Not  foreseeing  that  any  confidential  communication  on  paper 
would  happen  between  us  during  my  absence  from  Virginia,  I 
did  not  bring  mine  with  me. 


TO  JAMES  MONROE. 

ANNAPOLIS,  September  llth,  1786. 

DEAR  SIR, — I  have  two  letters  from  you  not  yet  acknowl- 
edged, one  of  the  1st,  the  other  of  the  3d  instant.  Nothing  could 
be  more  distressing  than  the  issue  of  the  business  stated  in  the 


250  WORKS    OF    MADISON.  1786. 

latter.  If  the  affirmative  vote  of  seven  States  should  be  pur- 
sued, it  will  add  the  insult  of  trick  to  the  injury  of  the  thing 
itself. 

Our  prospect  here  makes  no  amends  for  what  is  done  with 
you.  Delaware,  New  Jersey,  and  Virginia,  alone  are  on  the 
ground;  two  Commissioners  attend  from  New  York,  and  one 
from  Pennsylvania.  Unless  the  sudden  attendance  of  a  much 
more  respectable  number  takes  place  it  is  proposed  to  break  up 
the  meeting,  with  a  recommendation  of  another  time  and  place, 
and  an  intimation  of  the  expediency  of  extending  the  plan  to 
other  defects  of  the  Confederation.  In  case  of  a  speedy  dis- 
persion, I  shall  find  it  requisite  to  ride  back  as  far  as  Philadel- 
phia before  I  proceed  to  Virginia,  from  which  place,  if  not  from 
this,  I  will  let  you  know  the  upshot  here. 

I  have  heard  that  Col.  Gray  son  was  stopped  at  Trenton,  by 
indisposition,  on  his  way  to  the  Assembly  of  Pennsylvania.  I 
hope  he  is  well  again,  and  would  write  to  him,  but  know  not 
whither  to  address  a  letter  to  him. 

Adieu.     Yrs  aff*. 


TO   JAMES   MONROE. 

PHILADELPHIA,  Ocf  5th,  1786. 

DEAR  SIR, — I  received  yesterday  your  favor  of  the  2nd  in- 
stant, which  makes  the  third  for  which  my  acknowledgments 
are  due.  The  progression  which  a  certain  measure  seems  to  be 
making  is  an  alarming  proof  of  the  predominance  of  temporary 
and  partial  interests  over  those  just  and  extended  maxims  of 
policy  which  have  been  so  much  boasted  of  among  us,  and 
which  alone  can  effectuate  the  durable  prosperity  of  the  Union. 
Should  the  measure  triumph  under  the  patronage  of  nine  States, 
or  even  of  the  whole  thirteen,  I  shall  never  be  convinced  that 
it  is  expedient,  because  I  cannot  conceive  it  to  be  just. 

There  is  no  maxim,  in  my  opinion,  which  is  more  liable  to  be 
misapplied,  and  which,  therefore,  more  needs  elucidation,  than 


1768.  LETTERS.  251 

the  current  one,  that  the  interest  of  the  majority  is  the  political 
standard  of  right  and  wrong.  Taking  the  word  "interest"  as 
synonymous  with  "  ultimate  happiness,"  in  which  sense  it  is 
qualified  with  every  necessary  moral  ingredient,  the  proposition 
is  no  doubt  true.  But  taking  it  in  the  popular  sense,  as  refer- 
ring to  immediate  augmentation  of  property  and  wealth,  nothing 
can  be  more  false.  In  the  latter  sense,  it  would  be  the  interest 
of  the  majority  in  every  community  to  despoil  and  enslave  the 
minority  of  individuals;  and  in  a  federal  community,  to  make  a 
similar  sacrifice  of  the  minority  of  the  component  States.  In 
fact,  it  is  only  re-establishing,  under  another  name  and  a  more 
specious  form,  force  as  the  measure  of  right;  and  in  this  light 
the  Western  settlements  will  infallibly  view  it. 


TO  JAMES  MONROE. 

RICHMOND,  Ocf  30th,  1786. 

DEAR  SIR, — I  drop  you  a  few  lines  rather  as  a  fulfilment  of 
my  promise  than  for  the  purpose  of  information,  since  they  go 
by  Mr.  Jones,  who  is  much  better  acquainted  with  the  politics 
here  than  myself. 

I  find,  with  pleasure,  that  the  navigation  of  the  Mississippi 
will  be  defended  by  the  Legislature  with  as  much  zeal  as  could 
be  wished.  Indeed,  the  only  danger  is,  that  too  much  resent- 
ment may  be  indulged  by  many  against  the  federal  Councils. 
Paper  money  has  not  yet  been  tried  even  in  any  indirect  mode 
that  could  bring  forth  the  mind  of  the  Legislature.  Appear- 
ances on  the  subject,  however,  are  rather  flattering.  Mr.  Henry* 
has  declined  a  reappointment  to  the  office  he  holds,  and  Mr. 
Randolph  is  in  nomination  for  his  successor,  and  will  pretty 
certainly  be  elected.  R.  H.  Lee  has  been  talked  of,  but  is  not 
yet  proposed.  The  appointments  to  Congress  are  a  subject  of 
conversation,  and  will  be  made  as  soon  as  a  Senate  is  made. 

*  Then  Governor  of  Virginia. 


252  WORKS    OF    MADISON.  1786. 

Mr.  Jones  will  be  included  in  the  new  Delegation.  Your  pres- 
ence and  communications  on  the  point  of  the  Mississippi  are 
exceedingly  wished  for,  and  would,  in  several  respects,  be  ex- 
tremely useful.  If  Mr.  Jones  does  not  return  in  a  day  or  two, 
come  without  him,  I  beseech  you.  I  am  consulted  frequently 
on  matters  concerning  which  I  cannot  or  ought  not  to  speak, 
and  refer  to  you  as  the  proper  source  of  information,  as  far  as 
you  may  be  at  liberty.  Hasten  your  trip,  I  again  beseech  you. 
I  hope  Mrs.  Monroe  continues  well.  My  sincerest  respects 
wait  on  her. 

In  haste,  adieu.    Yrs. 


TO  GENERAL  WASHINGTON. 

RICHMOND,  Novr  1,  1786. 

DEAR  SIR, — I  have  been  here  too  short  a  time,  as  yet,  to  have 
collected  fully  the  politics  of  the  session.  In  general,  appear- 
ances are  favorable.  On  the  question  for  a  paper  emission,  the 
measure  was  this  day  rejected  in  emphatical  terms  by  a  majority 
of  84  vs.  17.  The  affair  of  the  Mississippi*  is  but  imperfectly 
known.  I  find  that  its  influence  on  the  federal  spirit  will  not 
be  less  than  was  apprehended.  The  Western  members  will  not 
be  long  silent  on  the  subject.  I  inculcate  a  hope  that  the  views 
of  Congress  may  yet  be  changed,  and  that  it  would  be  rash  to 
suffer  the  alarm  to  interfere  with  the  policy  of  amending  the 
Confederacy.  The  sense  of  the  House  has  not  yet  been  tried 
on  the  latter  point. 

The  Report  from  the  Deputies  to  Annapolis  lies  on  the  table, 
and  I  hope  will  be  called  for  before  the  business  of  the  Missis- 
sippi begins  to  ferment.  Mr.  Henry  has  signified  his  wish  not 
to  be  re-elected,  [Governor,]  but  will  not  be  in  the  Assembly. 
The  Attorney  [Ed.  Randolph]  and  R.  H.  Lee  are  in  nomina- 
tion for  his  successor.  The  former  will  probably  be  appointed; 

*  Mr.  Jay's  project  for  shutting  it  up  for  25  years. 


1786.  LETTERS.  £53 

in  which  case,  the  contest  for  that  vacancy  will  lie  between  Col. 
Innes  and  Mr.  Marshall.     The  nominations  for  Congress  are, 
as  usual,  numerous.     There  being  no  Senate  yet,  it  is  uncertain 
when  any  of  these  appointments  will  take  place. 
With  sincerest  affection,  your's. 


TO  COL.   JAMES  MADISON. 

RICHMOND,  Nov  1st,  1786. 

HONDSlR-  ***** 

Paper  money  was  the  subject  of  discussion  this  day,  and  was 
voted,  by  a  majority  of  84  against  17,  to  be  "unjust,  impolitic, 
destructive  of  public  and  private  confidence,  and  of  that  virtue 
which  is  the  basis  of  Republican  Government."  Our  Revenue 
matters  have  also  been  on  the  anvil;  several  changes  in  our 
taxes  are  proposed,  and  it  is  not  unlikely  that  some  will  take 
place.  Duties  on  imports  will  be  urged,  as  far  as  they  can  be 
guarded  against  smuggling  by  land,  as  well  as  by  water.  Gov- 
ernor Henry  declines  a  reappointment,  but  does  not  come  into 
the  Assembly.  The  Attorney  or  R.  H.  Lee,  probably  the  for- 
mer, will  supply  his  place. 

We  learn  that  great  commotions  are  prevailing  in  Massa- 
chusetts. An  appeal  to  the  Sword  is  exceedingly  dreaded. 
The  discontented,  it  is  said,  are  as  numerous  as  the  friends  of 
Government,  and  more  decided  in  their  measures.  Should  they 
get  uppermost,  it  is  uncertain  what  may  be  the  effect.  They 
profess  to  aim  only  at  a  reform  of  their  Constitution,  and  of 
certain  abuses  in  the  public  administration;  but  an  abolition  of 
debts,  public  and  private,  and  a  new  division  of  property,  are 
strongly  suspected  to  be  in  contemplation. 

We  also  learn  that  a  general  combination  of  the  Indians 
threatens  the  frontier  of  the  United  States.  Congress  are 
planning  measures  for  warding  off  the  blow,  one  of  which  is 
an  augmentation  of  the  federal  troops  to  upwards  of  2,000  men. 
In  addition  to  these  ills,  it  is  pretty  certain  that  a  formidable 


254  WORKS    OF    MADISON.  1786 

party  in  Congress  are  bent  on  surrendering  the  Mississippi  to 
Spain,  for  the  sake  of  some  commercial  stipulations.  The  pro- 
ject has  already  excited  much  heat  within  that  Assembly,  and, 
if  pursued,  will  not  fail  to  alienate  the  Western  Country  and 
confirm  the  animosity  and  jealousy  already  subsisting  between 
the  Atlantic  States.  I  fear  that,  although  it  should  be  frus- 
trated, the  effects  already  produced  will  be  a  great  bar  to  our 
amendment  of  the  Confederacy,  which  I  consider  as  essential  to 
its  continuance.  I  have  letters  from  Kentucky  which  inform 
me  that  the  expedition  against  the  Indians  has  prevented  the 
meeting  which  was  to  decide  the  question  of  their  Independ- 
ence. It  is  probable  the  news  relative  to  the  surrender  of  the 
Mississippi  will  lessen  the  disposition  to  separate. 

If  the  bacon  left  behind  by  John  should  not  have  been  sent, 
it  need  not  be  sent  at  all.  Fresh  butter  will,  from  time  to  time, 
continue  to  be  very  acceptable.  My  best  regards  to  my  mother 
and  the  family. 

Your  affectionate  and  dutiful  son. 


TO   GENERAL  WASHINGTON. 

RICHMOND,  Novr  8th,  1786. 

DEAR  SIR, — I  am  just  honored  with  your  favor  of  the  5th 
instant.  The  intelligence  from  General  Knox*  is  gloomy  in- 
deed, but  it  is  less  so  than  the  colours  in  which  I  had  it  through 
another  channel.  If  the  lessons  which  it  inculcates  should  not 
work  the  proper  impressions  on  the  American  public,  it  will  be 
a  proof  that  our  case  is  desperate. 

Judging  from  the  present  temper  and  apparent  views  of  our 
Assembly,  I  have  some  ground  for  leaning  to  the  side  of  hope. 
The  vote  against  paper  money  has  been  followed  by  two  others 
of  great  importance.  By  one  of  them,  petitions  for  applying  a 
scale  of  depreciation  to  the  military  certificates  was  unanimously 

*  Respecting  Shays's  Rebellion  in  Massachusetts. 


1786. 


LETTERS.  255 


rejected.  By  the  other,  the  expediency  of  complying  with  the 
Recommendation  from  Annapolis  in  favour  of  a  general  revision 
of  the  federal  system  was  unanimously  agreed  to.  A  Bill  for 
the  purpose  is  now  depending,  and  in  a  form  which  attests  the 
most  federal  spirit.  As  no  opposition  has  been  yet  made,  and 
it  is  ready  for  the  third  reading,  I  expect  it  will  soon  be  before 
the  public.  It  has  been  thought  advisable  to  give  this  subject 
a  very  solemn  dress,  and  all  the  weight  that  could  be  derived 
from  a  single  State.  This  idea  will  be  pursued  in  the  selection 
of  characters  to  represent  Virginia  in  the  federal  Convention. 
You  will  infer  our  earnestness  on  this  point  from  the  liberty 
which  will  be  used  of  placing  your  name  at  the  head  of  them. 
How  far  this  liberty  may  correspond  with  the  ideas  by  which 
you  ought  to  be  governed  will  be  best  decided  when  it  must 
ultimately  be  decided.  In  every  event,  it  will  assist  powerfully 
in  marking  the  zeal  of  our  Legislature,  and  its  opinion  of  the 
magnitude  of  the  occasion. 

Mr.  Randolph  has  been  elected  successor  to  Mr.  Henry.  He 
had  77  votes,  Col.  Bland  26,  and  R.  H.  Lee  22.  The  delega- 
tion to  Congress  drops  Col.  H.  Lee,  a  circumstance  which  gives 
much  pain  to  those  who  attend  to  the  mortification  in  which  it 
involves  a  man  of  sensibility.  I  am  yet  to  learn  the  ground  of 
the  extensive  disapprobation  which  has  shewn  itself. 

I  am,  dear  sir,  most  respectfully  and  affectionately  your's. 


[Notes  of  a  speech  made  by  Mr.  Madison  in  the  House  of  Delegates  of  Vir- 
ginia, in  November,  1786,  in  opposition  to  paper-money.] 

1.  Being  redeemable  at  future  day,  and 

Unequal  to  specie.  •         •    ,  o     m  i- a "  v^ 

not  bearing  interest.     2.  Illustrated  by 

case  of  bank  notes,  stock  in  funds,  paper  of  Spain  issued  during 
late  war,  (See  Neckar  on  finance,)  navy  bills,  tallies.  3.  Being 
of  less  use  than  specie,  which  answers  externally  as  well  as 
internally,  must  be  of  less  value,  which  depends  on  the  use. 

1.  To  creditors  of  a  legal  tender.     2. 
To  debtors,  if  not  legal  tender,  by  increas- 


256  WORKS    OF    MADISON.  1786. 

ing  difficulty  of  getting  specie.  This  it  does  by  increasing  ex- 
travagance and  unfavorable  balance  of  trade,  and  by  destroy- 
ing that  confidence  between  man  and  man  by  which  resources 
of  one  may  be  commanded  by  another.  3.  Illustrated — 1.  By 
raising  denomination  of  coin.  2.  Increasing  alloy  of  d°; 
brass  made  as  silver  by  the  Romans,  according  to  Sallust.  3. 
By  changing  weights  and  measures.  4.  By  case  of  creditors 
within  who  are  debtors  without  the  State. 

1.  Affects  rights  of  property  as  much 

Unconstitutional.  ,  .  .        ,        .     .       ,      .... 

as  taking  away  equal  value  m  land ;  illus- 
trated by  case  of  land  paid  for  down,  and  to  be  conveyed  in 
future,  and  of  a  law  for  remitting  conveyance,  to  be  satisfied 
by  conveying  a  part  only,  or  other  land  of  inferior  quality.  2. 
Affects  property  without  trial  by  jury. 

Right  of  regulating  coin  given  to  Con- 
Anti-federal.  ,,  ..    __  ,         „ 

gress  lor  two  reasons :  1.  For  sake  of  uni- 
formity.    2.  To  prevent  frauds  in  States  towards  each  other  or 
foreigners.    Both  these  reasons  hold  equally  as  to  paper  money. 
1.    Produce  of  country   will  bring   in 

Unnecessary.  .  .  ' 

specie,  it  not  laid  out  m  superfluities.  2. 
Of  paper,  if  necessary,  enough  already  in  Tobacco  notes  and 
public  securities.  3.  The  true  mode  of  giving  value  to  these, 
and  bringing  in  specie,  is  to  enforce  justice  and  taxes. 

1.  By  fostering  luxury,  extends  instead 
Pernicious.  . 

of  curing  scarcity  of  specie.  2.  By  dis- 
abling compliance  with  requisition  of  Congress.  3.  Sowing 
dissentions  between  States.  4.  Destroying  confidence  between 
individuals.  5.  Discouraging  commerce.  6.  Enriching  collec- 
tors and  sharpers.  7.  Vitiating  morals.  8.  Reversing  end  of 
government,  which  is  to  reward  best  and  punish  worst.  9. 
Conspiring  with  the  examples  of  other  States  to  disgrace 
republican  governments  in  the  eyes  of  mankind. 

Objection.  Paper  money  good  before  the  war. 

1.  Not  true  in  New  England,  nor  in 

Answer.  _.      .    . 

Virginia,  where  exchange  rose  to  60  per 
cent.,  nor  in  Maryland.  See  Franklin  on  paper  money.  2. 


1786.  LETTERS.  257 

Confidence  then ;  not  now.     3.  Principles  of  paper  credit  not 
then  understood;  such  would  not  then,  nor  now,  succeed  in 
Great  Britain,  &c. 
Advantages  from  rejecting  paper : 

1.  Distinguish  the  State  and  its  credit. 

2.  Draw  commerce  and  specie. 

3.  Set  honorable  example  to  other  States. 


TO   COL.   JAMES  MADISON. 

RICHMOND,  Nov.  16th,  1786. 

HoNDSm—  *  *  *  *  *  *  * 
The  House  of  Delegates  have  done  little  since  my  last,  and 
what  was  then  done  is  still  ineffectual  for  want  of  a  Senate. 
A  proposition  for  stopping  the  receipt  of  indents  was  made, 
and  met  with  so  little  countenance  that  it  was  withdrawn. 
They  will  continue  to  be  receivable  as  far  as  the  law  now  per- 
mits, and  those  who  have  them  not  would  do  well  to  provide 
them.  A  bill  is  depending  which  makes  Tobacco  receivable  in 
lieu  of  the  specie  part  of  the  current  tax,  according  to  its  value 
at  the  different  Warehouses.  Whether  it  will  pass  or  not  is 
uncertain.  I  think  it  most  probable  that  it  will  pass.  Nothing 
has  yet  been  done  as  to  the  certificate  tax. 


TO   COL.   JAMES  MADISON. 

November  24th,  1786. 

HOND  Sm, — The  House  of  Delegates  have  just  passed  a  bill 
making  Tobacco  receivable  in  the  tax  at  the  market  price  at 
the  several  Warehouses  to  be  fixt  by  the  Executive.  There  is 
a  proviso  that  the  highest  price  shall  not  exceed  28s.  An 
equality  of  price  throughout  was  contended  for,  which  I  dis- 
approved: 1.  Because  I  think  it  would  have  been  unjust.  2. 
Because  the  bill  could  not  have  been  carried  in  that  form.  I 
was  not  anxious  for  its  success  in  any  form,  but  acquiesced  in 

VOL.   I.  17 


258  WORKS    OF    MADISON.  1786. 

it  as  it  stands,  as  the  people  may  consider  it  in  the  light  of  an 
easement,  and  as  it  may  prevent  some  worse  project  in  the 
Assembly. 


[The  following  Petition  for  the  repeal  of  the  Law  incorporating  the  Protestant 
Episcopal  Church  in  Virginia,  passed  in  1784,  is  found  among  the  papers  of  Mr. 
Madison,  and  in  his  handwriting.*] 

To  Hue,  Honorable  tJie  Speaker  and  gentlemen  the  General  Assem- 
bly of  Virginia : 

We,  the  subscribers,  members  of  the  Protestant  Episcopal 
Church,  claim  the  attention  of  your  honorable  body  to  our 
objections  to  the  law  passed  at  the  last  session  of  Assembly 
for  incorporating  the  Protestant  Episcopal  Church;  and  we 
remonstrate  against  the  said  law — 

Because  the  law  admits  the  power  of  the  Legislative  Body 
to  interfere  in  matters  of  Religion,  which  we  think  is  not 
included  in  their  jurisdiction: 

Because  the  law  was  passed  on  the  petition  of  some  of  the 
clergy  of  the  Protestant  Episcopal  Church,  without  any  appli- 
cation from  the  other  members  of  that  church  on  whom  the  law 
is  to  operate ;  and  we  conceive  it  to  be  highly  improper  that 
the  Legislature  should  regard  as  the  sense  of  the  whole  church 
the  opinion  of  a  few  interested  members,  who  were  in  most 
instances  originally  imposed  on  the  people  without  their  con- 
sent, and  who  were  not  authorized  by  even  the  smallest  part  of 
this  community  to  make  such  a  proposition: 

Because  the  law  constitutes  the  clergy  members  of  a  conven- 
tion who  are  to  legislate  for  the  laity,  contrary  to  their  funda- 
mental right  in  chusing  their  own  Legislators: 

Because  by  that  law  the  most  obnoxious  and  unworthy  Cler- 
gyman cannot  be  removed  from  a  parish  except  by  the  deter- 
mination of  a  body,  one  half  of  whom  the  people  have  no  con- 

*  The  Law  referred  to  was  repealed  in  1786. 


1786.  LETTERS.  259 

fidence  in,  and  who  will  always  have  the  same  interest  with  the 
Minister  whose  conduct  they  are  to  judge  of: 

Because  by  that  law  power  is  given  to  the  Convention  to 
regulate  matters  of  faith,  and  the  obsequious  vestries  are  to 
engage  to  change  their  opinions  as  often  as  the  Convention 
shall  alter  theirs: 

Because  a  system  so  absurd  and  servile  will  drive  the  mem- 
bers of  the  Episcopal  church  over  to  other  sects,  where  there 
will  be  more  consistency  and  liberty: 

We  therefore  hope  that  the  wisdom  and  impartiality  of  the 
present  Assembly  will  incline  them  to  repeal  a  law  so  pregnant 
with  mischief  and  injustice. 


TO   THOMAS  JEFFERSON. 

RICHMOND,  December  4th,  1786. 

DEAR  SIR, — The  recommendation  from  the  meeting  at  An- 
napolis, of  a  plenipotentiary  Convention  in  Philadelphia  in  May 
next,  has  been  well  received  by  the  Assembly  here.  Indeed, 
the  evidence  of  dangerous  defects  in  the  confederation  has  at 
length  proselyted  the  most  obstinate  adversaries  to  a  reform. 
The  unanimous  sanction  given  by  the  Assembly  to  the  inclosed 
compliance  with  the  Recommendation  marks  sufficiently  the 
revolution  of  sentiment  which  the  experience  of  one  year  has 
effected  in  this  country.  The  deputies  are  not  yet  appointed. 
It  is  expected  that  General  Washington,  the  present  Governor, 
E.  Randolph,  and  the  late  one,  Mr.  Henry,  will  be  of  the 
number. 

The  project  for  bartering  the  Mississippi  to  Spain  was  brought 
before  the  Assembly  after  the  preceding  measure  had  been 
adopted.  The  report  of  it  having  reached  the  ears  of  the  West- 
ern Representatives,  as  many  of  them  as  were  on  the  spot, 
backed  by  a  number  of  the  late  officers,  presented  a  memorial, 
full  of  consternation  and  complaint;  in  consequence  of  which, 
some  very  pointed  Resolutions,  by  way  of  instruction  to  the 
Delegates  in  Congress,  were  unanimously  entered  into  by  the 


260  WORKS    OF    MADISON.  1786. 

House  of  Delegates.  They  are  now  before  the  Senate,  who  will 
no  doubt  be  also  unanimous  in  their  concurrence. 

The  question  of  paper  money  was  among  the  first  with  which 
the  session  opened.  It  was  introduced  by  petitions  from  two 
Counties.  The  discussion  was  faintly  supported  by  a  few  ob- 
scure patrons  of  the  measure,  and,  on  the  vote,  it  was  thrown 
out  by  85  against  17.  A  petition  for  paying  off  the  public  se- 
curities according  to  a  scale  of  their  current  prices  was  unani- 
mously rejected. 

The  consideration  of  the  Revised  Code  has  been  resumed,  and 
prosecuted  pretty  far  towards  its  conclusion.  I  find,  however, 
that  it  will  be  impossible,  as  well  as  unsafe,  to  give  an  ultimate 
fiat  to  the  system  at  this  session.  The  expedient  I  have  in  view 
is  to  provide  for  a  supplemental  revision  by  a  Committee,  who 
shall  accommodate  the  bills  skipped  over,  and  the  subsequent 
laws,  to  such  part  of  the  Code  as  has  been  adopted,  suspending 
the  operation  of  the  latter  for  one  year  longer.  Such  a  work 
is  rendered  indispensable  by  the  alterations  made  in  some  of 
the  bills  in  their  passage,  by  the  change  of  circumstances,  which 
call  for  corresponding  changes  in  sundry  bills  which  have  been 
laid  by,  and  by  the  incoherence  between  the  whole  Code  and 
the  laws  in  force  of  posterior  date  to  the  Code.  This  business 
has  consumed  a  great  deal  of  the  time  of  two  sessions,  and  has 
given  infinite  trouble  to  some  of  us.  We  have  never  been  with- 
out opponents,  who  contest,  at  least,  every  innovation  inch  by 
inch.  The  bill  proportioning  crimes  and  punishments,  on  which 
we  were  wrecked  last  year,  has,  after  undergoing  a  number  of 
alterations,  got  through  a  Committee  of  the  whole;  but  it  has 
not  yet  been  reported  to  the  House,  where  it  will  meet  with 
the  most  vigorous  attack.  I  think  the  chance  is  rather  against 
its  final  passage  in  that  branch  of  the  Assembly;  and  if  it  should 
not  miscarry  there,  it  will  have  another  gauntlet  to  run  through 
the  Senate. 

The  bill  on  the  subject  of  Education,  which  could  not  safely 
be  brought  into  discussion  at  all  last  year,  has  undergone  a 
pretty  indulgent  consideration  this.  In  order  to  obviate  the 
objection  from  the  inability  of  the  Country  to  bear  the  expence, 


1786.  LETTERS.  261 

it  was  proposed  that  it  should  be  passed  into  a  law,  but  its  op- 
eration suspended  for  three  or  four  years.  Even  in  this  form, 
however,  there  would  be  hazard  in  pushing  it  to  a  final  ques- 
tion, and  I  begin  to  think  it  will  be  best  to  let  it  lie  over  for 
the  supplemental  Revisers,  who  may,  perhaps,  be  able  to  put  it 
into  some  shape  that  will  lessen  the  objection  of  expence.  I 
should  have  no  hesitation  at  this  policy  if  I  saw  a  chance  of 
getting  a  Committee  equal  to  the  work  of  compleating  the  re- 
vision. Mr.  Pendleton  is  too  far  gone  to  take  any  part  in  it. 
Mr.  Wythe,  I  suppose,  will  not  decline  any  duty  which  may  be 
imposed  on  him,  but  it  seems  almost  cruel  to  tax  his  patriotic 
zeal  any  farther.  Mr.  Blair  is  the  only  remaining  character  in 
which  full  confidence  could  be  placed. 

The  delay  in  the  administration  of  Justice  from  the  accumu- 
lation of  business  in  the  General  Court,  and  despair  of  obtain- 
ing a  reform  according  to  the  Assize  plan,  have  led  me  to  give 
up  this  plan  in  favor  of  district  Courts,  which  differ  from  the 
former  in  being  clothed  with  all  the  powers  of  the  General 
Court  within  their  respective  districts.  The  bill  on  the  latter 
plan  will  be  reported  in  a  few  days,  and  will  probably,  though 
not  certainly,  be  adopted. 

The  fruits  of  the  impolitic  measures  taken  at  the  last  session 
with  regard  to  taxes  are  bitterly  tasted  now.  Our  Treasury  is 
empty,  no  supplies  have  gone  to  the  federal  treasury,  and  our 
internal  embarrassments  torment  us  exceedingly.  The  present 
Assembly  have  good  dispositions  on  the  subject,  but  some  time 
will  elapse  before  any  of  their  arrangements  can  be  productive. 
In  one  instance  only,  the  general  principles  of  finance  have  been 
departed  from.  The  specie  part  of  the  tax  under  collection  is 
made  payable  in  Tobacco.  This  indulgence  to  the  people,  as  it 
is  called  and  considered,  was  so  warmly  wished  for  out  of  doors, 
and  so  strenuously  pressed  within,  that  it  could  not  be  rejected 
without  danger  of  exciting  some  worse  project  of  a  popular 
cast.  As  Tobacco  alone  is  made  commutable,  there  is  reason 
to  hope  the  public  treasury  will  suffer  little,  if  at  all.  It  may 
possibly  gain. 

The  repeal  of  the  port  bill  has  not  yet  been  attempted.    Col. 


262  WORKS    OF    MADISON.  1786. 

Mason  has  been  waited  for  as  the  hero  of  the  attack.  As  it  is 
become  uncertain  whether  he  will  be  down  at  all,  the  question 
will  probably  be  brought  forward  in  a  few  days.  The  repeal, 
were  he  present,  would  be  morally  certain.  Under  the  disad- 
vantage of  his  absence,  it  is  more  than  probable.  The  question 
of  British  debts  has  also  awaited  his  patronage.  I  am  unable 
to  say  what  the  present  temper  is  on  that  subject,  nothing  hav- 
ing passed  that  could  make  trial  of  it.  The  repeated  disap- 
pointments I  have  sustained  in  efforts  in  favor  of  the  Treaty 
make  me  extremely  averse  to  take  the  lead  in  the  business 
again. 

The  public  appointments  have  been  disposed  of  as  follows: 
The  contest  for  the  chair  lay  between  Col.  Bland  and  Mr.  Pren- 
tis.  The  latter  prevailed  by  a  majority  of  near  20  votes.  Mr. 
Harrison,  the  late  Speaker,  lost  his  election  in  Surrey,  which  he 
represented  last  year;  and  since  has  been  equally  unsuccessful 
in  his  pristine  County,  Charles  City,  where  he  made  a  second 
experiment.  In  the  choice  of  a  Governor,  Mr.  E.  Randolph 
had  a  considerable  majority  of  the  whole  in  the  first  ballot. 
His  competitors  were  Col.  Bland  and  R.  H.  Lee,  each  of  whom 
had  between  20  and  30  votes.  The  delegation  to  Congress  con- 
tained, under  the  first  choice,  Grayson,  Carrington,  R.  H.  Lee, 
Mr.  Jones,  and  myself.  Col.  H.  Lee,  of  the  last  delegation,  was 
dropped.  The  causes  were  different,  I  believe,  and  not  very 
accurately  known  to  me.  One  of  them  is  said  to  have  been  his 
supposed  heterodoxy  touching  the  Mississippi.  Mr.  Jones  has 
since  declined  his  appointment,  and  Col.  Lee  has  been  reinstated 
by  an  almost  unanimous  vote.  A  vacancy  in  the  Council,  pro- 
duced by  the  resignation  of  Mr.  Roane,  is  filled  by  Mr.  Boiling 
Starke.  Cyrus  Grififin  was  a  candidate,  but  was  left  consider- 
ably in  the  rear.  The  Attorney  Generalship  has  been  conferred 
on  Col.  Innes.  Mr.  Marshall  had  a  handsome  vote. 

Our  summer  and  fall  have  been  wet  beyond  all  imagination 
in  some  places,  and  much  so  everywhere.  The  crops  of  corn 
are  in  general  plentiful.  The  price  up  the  country  will  not 
exceed  8  or  10s.  In  this  district  it  is  scarcest  and  dearest, 
being  already  as  high  as  12  or  15s.  The  crop  of  Tobacco  will 


1786.  LETTERS.  263 

fall  short  considerably,  it  is  calculated,  of  the  last  year's.  The 
highest  and  lowest  prices  in  the  Country,  of  the  new  crop,  are 
25  and  20s.  A  rise  is  confidently  expected. 

My  next  will  be  from  New  York,  whither  I  shall  set  out  as 
soon  as  the  principal  business  of  the  Session  is  over.  Till  my 
arrival  there  I  postpone  communications  relative  to  our  national 
affairs,  which  I  shall  then  be  able  to  make  on  better  grounds, 
as  well  as  some  circumstances  relative  to  the  affairs  of  this 
State,  which  the  hurry  of  the  present  opportunity  restrains  me 
from  entering  into. 

Adieu. 


TO  GENERAL  WASHINGTON. 

RICHMOND,  December  7th,  1786. 

DEAR  SIR, — Notwithstanding  the  communications  in  your  fa- 
vor of  the  18th  ult°,  which  has  remained  until  now  unacknowl- 
edged, it  was  the  opinion  of  every  judicious  friend  whom  I  con- 
sulted that  your  name  could  not  be  spared  from  the  Deputation 
to  the  meeting  in  May,  at  Philadelphia.  It  was  supposed,  in 
the  first  place,  that  the  peculiarity  of  the  Mission,  and  its  ac- 
knowledged pre-eminence  over  every  other  public  object,  may 
possibly  reconcile  your  undertaking  it  with  the  respect  which 
is  justly  due,  and  which  you  wish  to  pay,  to  the  late  officers  of 
the  Army;  and,  in  the  second  place,  that  although  you  should 
find  that  or  any  other  consideration  an  obstacle  to  your  attend- 
ance on  the  service,  the  advantage  of  having  your  name  in  the 
front  of  the  appointment,  as  a  mark  of  the  earnestness  of  Vir- 
ginia, and  an  invitation  to  the  most  select  characters  from  every 
part  of  the  Confederacy,  ought  at  all  events  to  be  made  use  of. 
In  these  sentiments  I  own  I  fully  concurred,  and  flatter  myself 
that  they  will  at  least  apologize  for  my  departure  from  those 
held  out  in  your  letter.  I  even  flatter  myself  that  they  will 
merit  a  serious  consideration  with  yourself  whether  the  difficul- 
ties which  you  enumerate  ought  not  to  give  way  to  them. 


264  WORKS    OF    MADISON.  1786. 

The  affair  of  the  Mississippi,  which  was  brought  before  the 
Assembly  in  a  long  memorial  from  the  Western  members  and 
some  of  the  officers,  has  undergone  a  full  consideration  of  both 
Houses.  The  resolutions  printed  in  the  papers  were  agreed  to 
unanimously  in  the  House  of  Delegates.  In  the  Senate,  I  am 
told,  the  language  was  objected  to  by  some  members  as  too 
pointed.  They  certainly  express  in  substance  the  decided  sense 
of  the  Country  at  this  time  on  the  subject,  and  were  offered  in 
the  place  of  some  which  went  much  farther,  and  which  were  in 
other  respects  exceptionable.  I  am  entirely  convinced,  from 
what  I  observe  here,  that  unless  the  project  of  Congress  [for 
ceding  to  Spain  the  Mississippi  for  25  years]  can  be  reversed, 
the  hopes  of  carrying  this  State  into  a  proper  federal  system 
will  be  demolished.  Many  of  our  most  federal  leading  men  are 
extremely  soured  with  what  has  already  passed.  Mr.  Henry, 
who  has  been  hitherto  the  champion  of  the  federal  cause,  has 
become  a  cold  advocate,  and  in  the  event  of  an  actual  sacrifice 
of  the  Mississippi  by  Congress,  will  unquestionably  go  over  to 
the  opposite  side.  I  have  a  letter  from  Col.  Grayson  of  late 
date,  which  tells  me  that  nothing  further  has  been  done  in  Con- 
gress, and  one  from  Mr.  A.  Clarke,  of  New  Jersey,  which  in- 
forms me  that  he  expected  every  day  instructions  from  his 
Legislature  for  reversing  the  vote  given  by  the  Delegates  of 
that  State  in  favor  of  the  project. 

The  temper  of  the  Assembly  at  the  beginning  of  the  session 
augured  an  escape  from  every  measure  this  year  not  consonant 
to  the  proper  principles  of  Legislation.  I  fear,  now,  that  the 
conclusion  will  contradict  the  promising  outset.  In  admitting 
Tobacco  for  a  commutable,  we  perhaps  swerved  a  little  from 
the  line  in  which  we  set  out.  I  acquiesced  in  the  measure  my- 
self as  a  prudential  compliance  with  the  clamours  within  doors 
and  without,  and  as  a  probable  means  of  obviating  more  hurt- 
ful experiments.  I  find,  however,  now,  that  it  either  had  no 
such  tendency,  or  that  schemes  were  in  embryo  which  I  was  not 
aware  of.  A  Bill  for  establishing  District  Courts  has  been 
clogged  with  a  plan  for  installing  all  debts  now  due,  so  as  to 
make  them  payable  in  three  annual  portions.  What  the  fate 


1786.  LETTERS.  265 

of  the  experiment  will  be  I  know  not.  It  seems  pretty  certain 
that  if  it  fails,  the  bill  will  fail  with  it.  It  is  urged  in  support 
of  the  measure  that  it  will  be  favorable  to  debtors  and  credi- 
tors both,  and  that,  without  it,  the  bill  for  accelerating  justice 
would  ruin  the  former  and  endanger  the  public  repose.  The 
objections  are  so  numerous,  and  of  such  a  nature,  that  I  shall 
myself  give  up  the  bill  rather  than  pay  such  a  price  for  it. 


TO   COL.   JAMES  MADISON. 

RICHMOND,  Decr  12th,  1786. 

HOND  SIR, — The  inclosed  paper  will  give  you  a  knowledge 
of  the  mode  and  terms  on  which  Tobacco  is  made  a  Commuta- 
ble.  It  also  contains  some  Resolutions  of  importance  relative 
to  the  navigation  of  the  Mississippi.  The  Senate  have  con- 
curred in  them,  though  not  unanimously.  Some  of  the  members 
of  that  branch  objected  to  the  pointedness  of  the  language; 
others  doubted  the  propriety  of  taking  up  a  subject  of  so  deli- 
cate a  nature  without  official  information  from  the  delegation 
in  Congress. 

The  repeal  of  the  port  bill  was  yesterday  a  subject  of  discus- 
sion, and  rejected  by  70  against  36,  so  that  the  law  is  likely  to 
become  permanent.  Amendments,  however,  are  necessary,  and 
will  probably  take  place.  We  have  a  bill  depending  for  estab- 
lishing District  Courts,  differing  from  the  Assize  in  this  respect, 
that  the  former  will  be  vested  with  as  compleat  jurisdiction 
within  the  District  as  the  General  Court  exercises  over  the 
whole  State.  Unhappily,  it  is  clogged  with  a  clause  installing 
all  debts  among  ourselves,  so  as  to  make  them  payable  in  three 
annual  portions.  Such  an  interposition  of  the  law  in  private 
contracts  is  not  to  be  vindicated  on  any  Legislative  principle 
within  my  knowledge,  and  seems  obnoxious  to  the  strongest  ob- 
jections which  prevailed  against  paper  money.  How  it  will  be 
relished  I  cannot  say,  the  matter  not  having  yet  been  taken 
into  discussion.  I  think  it  probable  that  it  will  miscarry,  and 
that  it  will  involve  the  District  bill  in  its  fate. 


266  WORKS    OF    MADISON.  1786. 

No  thorough  revision  of  the  taxes  has  yet  taken  place.  The 
inclosed  report  of  a  Committee  will  present  some  ideas  which 
are  to  be  discussed.  In  general,  the  bias  of  the  House  seems 
to  be  strongly  towards  taxes  which  are  to  operate  indirectly, 
and  on  articles  of  luxury.  The  lawyers  and  County  Court 
clerks  are  also  likely  to  be  squeezed.  One-tenth  of  the  fees 
of  the  former,  and  one-third  of  those  of  the  latter,  were  voted 
to-day  to  be  a  proper  share  for  the  public.  Riding  Carriages 
were  also  voted  to  be  proper  objects  of  additional  taxation. 
Coaches,  &c.,  are  to  pay  six  dollars  per  wheel,  Phaetons  4  dol- 
lars, and  Chairs,  &c.,  2  dollars  per  wheel.  Whether  these  ex- 
travagant ideas  will  be  persisted  in  is  uncertain.  I  can  scarcely 

suppose  they  will,  in  their  full  extent. 

****** 

The  Convention  in  Kentucky  was  prevented  by  the  Expedi- 
tions into  the  Indian  Country.  It  is  proposed  that  another 
Convention  shall  be  authorized  to  decide  the  question  of  their 
Independence. 


TO  JAMES   MONROE. 

RICHMOND,  December  21st,  1786. 

DEAR  SIB,—  ******* 
We  hear  nothing  from  any  of  the  other  States  on  the  subject 
of  the  federal  Convention.  The  ice  seems  to  have  intercepted 
totally  the  Northern  communication  for  a  considerable  time 
past.  The  Assembly  have  been  much  occupied  of  late  with  the 
bill  for  district  Courts.  On  the  final  question  there  was  a  ma- 
jority of  one  against  it,  in  fact,  though  on  the  count  a  mistake 
made  the  division  equal,  and  it  fell  to  the  Chair  to  decide,  who 
passed  the  bill.  The  real  majority,  however,  were  sensible  of 
the  mistake,  and  refused  to  agree  to  the  title,  threatening  a  se- 
cession at  the  same  time.  The  result  was  a  compromise,  that 
the  question  should  be  decided  anew  the  next  morning,  when 
the  bill  was  lost  in  a  full  house  by  a  single  voice.  It  is  now 
proposed  to  extend  the  Session  of  the  General  Court  so  as  to 


1780.  LETTEES.  267 

accelerate  the  business  depending  there.  We  hear  that  Mary- 
land is  much  agitated  on  the  score  of  paper  money,  the  House 
of  Delegates  having  decided  in  favour  of  an  emission. 


TO  GENERAL  WASHINGTON. 

RICHMOND,  December  24th,  1786. 

DEAR  SIR, — Your  favor  of  the  16th  instant  came  to  hand  too 
late  on  thursday  evening  to  be  answered  by  the  last  mail.  I 
have  considered  well  the  circumstances  which  it  confidentially 
discloses,  as  well  as  those  contained  in  your  preceding  favor. 
The  difficulties  which  they  oppose  to  an  acceptance  of  the  ap- 
pointment, in  which  you  are  included,  can  as  little  be  denied  as 
they  can  fail  to  be  regretted.  But  I  still  am  inclined  to  think 
that  the  posture  of  our  affairs,  if  it  should  continue,  would  pre- 
vent every  criticism  on  the  situation  which  the  cotemporary 
meetings  would  place  you  in;  and  that  at  least  a  door  could  be 
kept  open  for  your  acceptance  hereafter,  in  case  the  gathering 
clouds  become  so  dark  and  menacing  as  to  supersede  every  con- 
sideration but  that  of  our  national  existence  and  safety.  A 
suspension  of  your  ultimate  determination  would  be  nowise  in- 
convenient in  a  public  view,  as  the  Executive  are  authorised  to 
fill  vacancies,  and  can  fill  them  at  any  time;  and,  in  any  event, 
three  out  of  seven  deputies  are  authorized  to  represent  the 
State.  How  far  it  may  be  admissible  in  another  view  will  de- 
pend, perhaps,  in  some  measure,  on  the  chance  of  your  finally 
undertaking  the  service,  but  principally  on  the  correspondence 
which  is  now  passing  on  the  subject  between  yourself  and  the 
Governor. 

Your  observations  on  Tobacco  as  a  commutable  in  the  taxes 
are  certainly  just  and  unanswerable.  My  acquiescence  in  the 
measure  was  against  every  general  principle  which  I  have  em- 
braced, and  was  extorted  by  a  fear  that  some  greater  evil  under 
the  name  of  relief  to  the  people  would  be  substituted.  I  am  far 
from  being  sure,  however,  that  I  did  right.  The  other  evils 
contended  for  have,  indeed,  been  as  yet  parried,  but  it  is  very 


268  WORKS    OF    MADISON.  1786. 

questionable  whether  the  concession  in  the  affair  of  the  Tobacco 
had  much  hand  in  it.  The  original  object  was  paper  money. 
Petitions  for  graduating  certificates  succeeded.  Next  came  in- 
stalments. And,  lastly,  a  project  for  making  property  a  tender 
for  debts  at  four-fifths  of  its  value.  All  these  have  been  happily 
got  rid  of  by  very  large  majorities.  But  the  positive  efforts  in 
favor  of  Justice  have  been  less  successful.  A  plan  for  reform- 
ing the  administration  in  this  branch,  accommodated  more  to 
the  general  opinion  than  the  Assize  plan,  got  as  far  as  the  third 
reading,  and  was  then  lost  by  a  single  vote.  The  Senate  would 
have  passed  it  readily,  and  would  have  even  added  amendments 
of  the  right  complexion.  I  fear  it  will  be  some  time  before 
this  necessary  reform  will  again  have  a  fair  chance.  Besides 
some  other  grounds  of  apprehension,  it  may  well  be  supposed 
that  the  Bill,  which  is  to  be  printed  for  consideration  of  the 
public,  will,  instead  of  calling  forth  the  sanction  of  the  wise 
and  virtuous,  be  a  signal  to  interested  men  to  redouble  their 
efforts  to  get  into  the  Legislature. 

The  Revenue  business  is  still  unfinished.  The  present  rage 
seems  to  be  to  draw  all  our  income  from  trade.  From  the  sam- 
ple given  of  the  temper  of  the  House  of  Delegates  on  this  sub- 
ject, it  is  much  to  be  feared  that  the  duties  will  be  augmented 
with  so  daring  a  hand,  that  we  shall  drive  away  our  trade  in- 
stead of  making  it  tributary  to  our  Treasury.  The  only  hope 
that  can  be  indulged  is  that  of  moderating  the  fury.  The  port 
bill  was  defended  against  a  repeal  by  about  70  votes  against 
about  40.  The  revised  code  is  not  quite  finished,  and  must  re- 
ceive the  last  hand  from  a  succeeding  Assembly.  Several  bills 
of  consequence  being  rendered  unfit  to  be  passed  in  their  pres- 
ent form,  by  a  change  of  circumstances  since  they  were  pre- 
pared, necessarily  require  revision.  Others,  as  the  Education 
bill,  &c.,  are  thought  to  be  adapted  only  to  a  further  degree  of 
wealth  and  population.  Others,  as  the  Execution  bill,  which 
subjects  lands  to  debts,  do  not  find  yet  an  adequate  patronage. 
Several  bills,  also,  and  particularly  the  bill  relating  to  crimes 
and  punishments,  have  been  rejected,  and  require  reconsidera- 
tion from  another  Assembly.  This  last  bill,  after  being  purged 


1787.  LETTEES.  269 

of  its  objectionable  peculiarities,  was  thrown  out  on  the  third 
reading  by  a  single  vote. 

It  will  little  elevate  your  idea  of  our  Senate  to  be  told  that 
they  negatived  the  bill  defining  the  privileges  of  Ambassadors, 
on  the  principle,  as  I  am  told,  that  an  alien  ought  not  to  be  put 
on  better  ground  than  a  citizen.  British  debts  have  not  yet 
been  mentioned,  and  probably  will  not,  unless  Congress  say 
something  on  the  matter  before  the  adjournment. 


TO  EDMUND   PENDLETON. 

RICHMOND,  January  9th,  1787. 

MY  DEAR  Sm, — Your  favor  of  the  9th  ultimo  has  been  so 
long  on  hand  unanswered,  that  I  cannot  now  acknowledge  it 
without  observing,  in  the  apology  for  the  delay,  that  I  waited 
for  some  measures  of  which  I  wished  to  communicate  the  event. 
The  district  bill,  of  which  I  formerly  made  mention,  was  finally 
thrown  into  a  very  curious  situation,  and  lost  by  a  single  voice. 
I  refer  you  for  its  history  to  Col.  Pendleton,  who  was  here  at 
the  time,  and  is  now  with  you.  An  attempt  has  been  since  made 
to  render  the  General  Court  more  efficient,  by  lengthening  its 
terms,  and  transferring  the  criminal  business  to  the  Judges  of 
the  Admiralty.  As  most  of  the  little  motives  which  co-operated 
with  a  dislike  to  Justice  in  defeating  the  District  Bill  happened 
to  be  in  favour  of  the  subsequent  attempt,  it  went  through  the 
House  of  Delegates  by  a  large  majority.  The  Senate  have  dis- 
appointed the  majority  infinitely  in  putting  a  negative  on  it,  as 
we  just  learn  that  they  have  done,  by  a  single  voice.  An 
amendment  of  the  County  Courts  has  also  been  lost,  through  a 
disagreement  of  the  two  Houses  on  the  subject.  Our  merit  on 
the  score  of  Justice  has  been  entirely  of  the  negative  kind.  It 
has  been  sufficient  to  reject  violations  of  this  cardinal  virtue, 
but  not  to  make  any  positive  provisions  in  its  behalf. 

The  revised  code  has  not  been  so  thoroughly  passed  as  I 
hoped  at  the  date  of  my  last.  The  advance  of  the  session,  the 
coldness  of  a  great  many,  and  the  dislike  of  some  to  the  subject, 


270  WORKS    OF    MADISON.  1787. 

required  that  it  should  be  pressed  more  gently  than  could  be 
^Iconciled  with  a  prosecution  of  the  work  to  the  end.  I  had 
long  foreseen  that  a  supplemental  revision,  as  well  of  some  of 
the  articles  of  the  Code  as  of  the  laws  passed  since  it  was  di- 
gested, would  become  necessary,  and  had  settled  a  plan  for  the 
purpose  with  myself.  This  plan  was  to  suspend  the  laws  adopted 
from  the  Code  until  the  supplement  could  be  prepared,  and 
then  to  put  the  whole  in  force  at  once.  Several  circumstances 
satisfied  me  of  late,  that  if  the  work  was  put  within  the  reach  of 
the  next  Assembly,  there  would  be  danger  not  only  of  its  being 
left  in  a  mutilated  state,  but  of  its  being  lost  altogether.  The 
observations  in  your  favor  above  acknowledged  encouraged 
me  to  propose  that  the  parts  of  the  Code  adopted  should  take 
effect  without  waiting  for  the  last  hand  to  it.  This  idea  has 
been  pursued,  and  the  bills  passed  at  the  last  session  are  to 
commence  as  then  determined,  those  passed  at  the  present  being 
suspended  until  July  next. 

I  would  myself  have  preferred  a  suspension  of  the  former 
also  till  July,  for  the  sake  of  a  more  thorough  promulgation, 
and  of  a  cotemporary  introduction  of  the  laws,  many  of  which 
are  connected  together;  but  the  Senate  thought  otherwise,  and 
in  a  ticklish  stage  of  the  session,  the  friends  of  the  code  in  the 
House  of  Delegates  joined  me  in  opinion  that  it  would  be  well 
to  create  no  unnecessary  delays  or  disagreements.  I  have 
strong  apprehensions  that  the  work  may  never  be  systemati- 
cally perfected,  for  the  reasons  which  you  deduce  from  our 
form  of  Government.  Should  a  disposition,  however,  continue 
in  the  Legislature  as  favorable  as  it  has  been  in  some  stages  of 
the  business,  I  think  a  succession  of  revisions,  each  growing 
shorter  than  the  preceding,  might  ultimately  bring  a  completion 
within  the  compass  of  a  single  session.  At  all  events,  the  in- 
valuable acquisition  of  important  bills,  prepared  at  leisure  by 
skilful  hands,  is  so  sensibly  impressed  on  thinking  people  by 
the  crudeness  and  tedious  discussion  of  such  as  are  generally 
introduced,  that  the  expence  of  a  continued  revision  will  be 
thought  by  all  such  to  be  judiciously  laid  out  for  this  purpose 
alone. 


1787.  LETTERS.  271 

The  great  objection  which  I  personally  feel  arises  from  the 
necessity  we  are  under  of  imposing  the  weight  of  these  projects 
on  those  whose  past  services  have  so  justly  purchased  an  ex- 
emption from  future  labours.  In  your  case,  the  additional  con- 
sideration of  ill  health  became  almost  an  affair  of  conscience, 
and  I  have  been  no  otherwise  able  to  stifle  the  remorse  of  hav- 
ing nominated  you,  along  with  Mr.  Wythe  and  Mr.  Blair,  for 
reviewing  the  subject  left  unfinished,  than  by  reflecting  that 
your  colleagues  will  feel  every  disposition  to  abridge  your  share 
of  the  burden,  and  in  case  of  such  an  increase  of  your  infirmity 
as  to  oblige  you  to  renounce  all  share,  that  they  are  authorised 
to  appoint  to,  I  will  not  say  to  fill,  the  vacancy.  I  flatter  my- 
self that  you  will  be  at  least  able  to  assist  in  general  consulta- 
tions on  the  subject,  and  to  adjust  the  bills  unpassed  to  the 
changes  which  have  taken  place  since  they  were  prepared.  On 
the  most  unfortunate  suppositions,  my  intentions  will  be  sure  to 
find  in  your  benevolence  a  pardon  for  my  error. 

The  Senate  have  saved  our  commerce  from  a  dreadful  blow 
which  it  would  have  sustained  from  a  bill  passed  in  the  House 
of  Delegates,  imposing  enormous  duties,  without  waiting  for  the 
concurrence  of  the  other  States,  or  even  of  Maryland.  There 
is  a  rage  at  present  for  high  duties,  partly  for  the  purpose  of 
revenue,  partly  of  forcing  manufactures,  which  it  is  difficult  to 
resist.  It  seems  to  be  forgotten,  in  the  first  case,  that  in  the 
arithmetic  of  the  customs,  as  Dean  Swift  observes,  2  and  2  do 
not  make  four;  and  in  the  second,  that  manufactures  will  come 
of  themselves  when  we  are  ripe  for  them.  A  prevailing  argu- 
ment, among  others  on  the  subject,  is,  that  we  ought  not  to  be 
dependent  on  foreign  nations  for  useful  articles,  as  the  event  of 
a  war  may  cut  off  all  external  supplies.  This  argument  cer- 
tainly loses  its  force  when  it  is  considered  that,  in  case  of  a 
war  hereafter,  we  should  stand  on  very  different  ground  from 
what  we  lately  did.  Neutral  nations,  whose  rights  are  becom- 
ing every  day  more  and  more  extensive,  would  not  now  suffer 
themselves  to  be  shut  out  from  our  ports,  nor  would  the  hostile 
Nation  presume  to  attempt  it.  As  far  as  relates  to  implements 


272  WORKS    OF    MADISON.  1787. 

of  war,  -which  are  contraband,  the  argument  for  our  fabrication 
of  them  is  certainly  good. 

Our  latest  information  from  the  Eastward  has  not  removed  our 
apprehensions  of  ominous  events  in  that  quarter.  It  is  pretty 
certain  that  the  seditious  party  has  become  formidable  to  the 
Government,  and  that  they  have  opened  a  communication  with 
the  viceroy  of  Canada.  I  am  not  enough  acquainted  with  the 
proceedings  of  Congress  to  judge  of  some  of  the  points  which 
you  advert  to.  The  regulations  of  their  land  office  have  ap- 
peared to  me  nearly  in  the  light  in  which  they  do  to  you. 

I  expect  to  set  out  in  a  few  days  for  New  York,  when  I  shall 
revive  my  claim  to  a  correspondence  which  formerly  gave  me 
so  much  pleasure,  and  which  will. enable  me,  perhaps,  to  answer 
your  queries.  The  end  of  my  paper  will  excuse  an  abrupt  but 
affectionate  adieu. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  February  15th,  1787. 

DEAR  SIR, — My  last  was  from  Richmond,  of  the  4th  of  De- 
cember, and  contained  a  sketch  of  our  Legislative  proceedings 
prior  to  that  date. 

The  principal  proceedings  of  subsequent  date  relate,  as 
nearly  as  I  can  recollect,  1st,  to  a  rejection  of  the  Bill  on 
crimes  and  punishments,  which,  after  being  altered  so  as  to 
remove  most  of  the  objections,  as  was  thought,  was  lost  by  a 
single  vote.  The  rage  agaiust  Horse-stealers  had  a  great 
influence  on  the  fate  of  the  bill.  Our  old  bloody  code  is  by 
this  event  fully  restored,  the  prerogative  of  conditional  pardon 
having  been  taken  from  the  Executive  by  a  judgment  of  the 
Court  of  Appeals,  and  the  temporary  law  granting  it  to  them 
having  expired,  and  been  left  unrevived.  I  am  not  without  hope 
that  the  rejected  bill  will  find  a  more  favorable  disposition  in 
the  next  Assembly.  2dly.  To  the  bill  for  diffusing  knowledge ; 


1787.  LETTERS.  273 

it  went  through  two  readings  by  a  small  majority,  and  was  not 
pushed  to  a  third  one.  The  necessity  of  a  systematic  provision 
on  the  subject  was  admitted  on  all  hands.  The  objections 
against  that  particular  provision  were:  1.  The  expence,  which 
was  alleged  to  exceed  the  ability  of  the  people.  2.  The  diffi- 
culty of  executing  it  in  the  present  sparse  settlement  of  the 
country.  3.  The  inequality  of  the  districts,  as  contended  by  the 
Western  members.  The  last  objection  is  of  little  weight,  and 
might  have  been  easily  removed  if  it  had  been  urged  in  an 
early  stage  of  the  discussion.  The  bill  now  rests  on  the  same 
footing  with  the  other  unpassed  Bills  in  the  Revisal. 

3dly.  To  the  Revisal  at  large.  It  was  found  impossible  to 
get  through  the  system  at  the  late  session,  for  several  reasons : 
1.  The  changes  which  have  taken  place,  since  its  compilement, 
in  our  affairs  and  our  laws,  particularly  those  relating  to  our 
Courts,  called  for  changes  in  some  of  the  bills,  which  could  not 
be  made  with  safety  by  the  Legislature.  2.  The  pressure  of 
other  business,  which,  though  of  less  importance  in  itself,  yet 
was  more  interesting  for  the  moment.  3.  The  alarm  excited 
by  an  approach  toward  the  Execution  bill,  which  subjects  land 
to  the  payment  of  debts.  This  bill  could  not  have  been  carried, 
was  too  important  to  be  lost,  and  even  too  difficult  to  be 
amended  without  destroying  its  texture.  4.  The  danger  of 
passing  the  Repealing  Bill  at  the  end  of  the  Code,  before  the 
operation  of  the  various  amendments,  &c.,  made  by  the  Assem- 
bly, could  be  leisurely  examined  by  competent  Judges.  Under 
these  circumstances,  it  was  thought  best  to  hand  over  the  residue 
of  the  work  to  our  successors ;  and  in  order  to  have  it  made 
compleat,  Mr.  Pendleton,  Mr.  Wythe,  and  Blair,  were  appointed 
a  Committee  to  amend  the  unpassed  bills,  and  also  to  prepare  a 
supplemental  revision  of  the  laws  which  have  been  passed  since 
the  original  work  was  executed. 

It  became  a  critical  question  with  the  friends  of  the  Revisal 
whether  the  parts  of  the  Revisal  actually  passed  should  be 
suspended  in  the  mean  time,  or  left  to  take  their  operation. 
The  first  plan  was  strongly  recommended  by  the  advantage  of 
giving  effect  to  the  system  at  once,  and  by  the  inconveniency 

VOL.  i.  18 


274  WORKS    OF    MADISON.  1787. 

arising  from  the  latter,  of  leaving  the  old  laws  to  a  constructive 
repeal  only.  The  latter,  notwithstanding,  was  preferred,  as 
putting  the  adopted  bills  out  of  the  reach  of  a  succeeding  As- 
sembly, which  might  possibly  be  unfriendly  to  the  system  alto- 
gether. There  was  good  reason  to  suspect  Mr.  Henry,  who 
will  certainly  be  then  a  member.  By  suffering  the  bills  which 
have  passed  to  take  effect  in  the  mean  time,  it  will  be  extremely 
difficult  to  get  rid  of  them. 

4thly.  Religion.  The  act  incorporating  the  protestant  Epis- 
copal Church  excited  the  most  pointed  opposition  from  the 
other  sects.  They  even  pushed  their  attacks  against  the  reser- 
vation of  the  Glebes,  Ac.,  to  the  church  exclusively.  The 
latter  circumstance  involved  the  Legislature  in  some  embar- 
rassment. The  result  was  a  repeal  of  the  act,  with  a  saving  of 
the  property.  5th.  The  district  Courts.  After  a  great  struggle, 
they  were  lost  in  the  House  of  Delegates  by  a  single  voice. 
6thly.  Taxes.  The  attempts  to  reduce  former  taxes  were  baffled, 
and  sundry  new  taxes  added :  on  lawyers,  TQ-  of  their  fees ;  on 
Clerks  of  Courts,  |  of  do.;  on  Doctors,  a  small  tax;  a  tax  on 
houses  in  towns,  so  as  to  level  their  burden  with  that  of  real 
estate  in  the  country ;  very  heavy  taxes  on  riding  carriages,  &c. 
Besides  these,  an  additional  duty  of  2  per  cent,  ad  valorem  on 
all  merchandises  imported  in  vessels  of  nations  not  in  treaty 
with  the  United  States,  an  additional  duty  of  four  pence  on 
every  gallon  of  wine  except  French  wines,  and  of  two  pence 
on  every  gallon  of  distilled  spirits  except  French  brandies, 
which  are  made  duty  free.  The  exceptions  in  favor  of  France 
were  the  effect  of  the  sentiments  and  regulations  communicated 
to  you  by  Mr.  Calonne.  A  printed  copy  of  the  communication 
was  received  the  last  day  of  the  session  in  a  newspaper  from 
New  York,  and  made  a  warm  impression  on  the  Assembly. 
Some  of  the  taxes  are  liable  to  objections,  and  were  much  com- 
plained of.  With  the  additional  duties  on  trade,  they  will  con- 
siderably enhance  our  revenue.  I  should  have  mentioned  a 
duty  of  65.  per  Hogshead  on  Tobacco  for  complying  with  a 
special  requisition  of  Congress  for  supporting  the  corps  of  men 
raised  for  the  public  security. 


1787.  LETTERS.  275 

7th.  The  Mississippi.  At  the  date  of  my  last,  the  House  of 
Delegates  only  had  entered  into  Resolutions  against  a  surren- 
der of  the  right  of  navigating  it.  The  Senate  shortly  after 
concurred.  The  States  south  of  Virginia  still  adhere,  as  far  as 
I  can  learn,  to  the  same  ideas  as  have  governed  Virginia.  New 
Jersey,  one  of  the  States  in  Congress  which  was  on  the  oppo- 
site side,  has  now  instructed  her  Delegates  against  surrendering 
to  Spain  the  navigation  of  the  River,  even  for  a  limited  time ; 
and  Pennsylvania,  it  is  expected,  will  do  the  same.  I  am  told 
that  Mr.  Jay  has  not  ventured  to  proceed  in  his  project,  and  I 
suppose  will  not  now  do  it.  8th.  The  Convention  for  amending 
the  federal  Constitution.  At  the  date  of  my  last,  Virginia  had 
passed  an  act  for  appointing  deputies.  The  deputation  consists 
of  General  Washington,  Mr.  Henry,  late  Governor,  Mr.  Ran- 
dolph, present  Governor,  Mr.  Blair,  Mr.  Wythe,  Col.  Mason, 
and  James  Madison. 

North  Carolina  has  also  made  an  appointment,  including  her 
present  and  late  Governor.  South  Carolina,  it  is  expected  by 
her  delegates  in  Congress,  will  not  fail  to  follow  these  exam- 
ples. Maryland  has  determined,  I  just  hear,  to  appoint,  but  has 
not  yet  agreed  on  her  deputies.  Delaware,  Pennsylvania,  and 
New  Jersey,  have  made  respectable  appointments.  New  York 
has  not  yet  decided  on  the  point.  Her  Assembly  has  just  re- 
jected the  impost,  which  has  an  unpropitious  aspect.  It  is  not 
clear,  however,  that  she  may  not  yet  accede  to  the  other  meas- 
ure. Connecticut  has  a  great  aversion  to  Conventions,  and  is 
otherwise  habitually  disinclined  to  abridge  her  State  preroga- 
tives. Her  concurrence,  nevertheless,  is  not  despaired  of.  Mas- 
sachusetts, it  is  said,  will  concur,  though  hitherto  not  well  in- 
clined. New  Hampshire  will  probably  do  as  she  does.  Rhode 
Island  can  be  relied  on  for  nothing  that  is  good.  On  all  great 
points,  she  must  sooner  or  later  bend  to  Massachusetts  and  Con- 
necticut. 

Having  but  just  come  to  this  place,  I  do  not  undertake  to 
give  you  any  general  view  of  American  affairs,  or  of  the  partic- 
ular state  of  things  in  Massachusetts.  The  omission  is  proba- 
bly of  little  consequence,  as  information  of  this  sort  must  fall 


276  WORKS    OP    MADISON.  1737. 

within  your  correspondence  with  the  office  of  foreign  affairs. 
I  shall  not,  however,  plead  this  consideration  in  a  future  letter, 
when  I  hope  to  be  more  able  to  write  fully. 


TO   GENERAL  WASHINGTON. 

NEW  YORK,  Feb.  21,  1787. 

DEAR  SIR, — Some  little  time  before  my  arrival  here,  a  quorum 
of  the  States  was  made  up,  and  General  St.  Clair  put  in  the 
.Chair.  We  have  at  present  nine  States  on  the  ground,  but  shall 
lose  South  Carolina  to-day.  Other  States  are  daily  expected. 
What  business  of  moment  may  be  done  by  the  present  or  a  fuller 
meeting  is  uncertain. 

The  objects  now  depending  and  most  immediately  in  prospect 
are:  1.  The  Treaty  of  Peace.  The  Secretary  of  foreign  Affairs 
has  very  ably  reported  a  view  of  the  infractions  on  both  sides, 
his  exposition  of  the  contested  articles,  and  the  steps  proper  to 
be  taken  by  Congress.  I  find,  what  I  was  not  before  apprized 
of,  that  more  than  one  infraction  on  our  part  preceded  even  the 
violation  on  the  other  side  in  the  instance  of  the  negroes.  Some 
of  the  reasoning  on  the  subject  of  the  debts  would  be  rather 
grating  to  Virginia.  A  full  compliance  with  the  Treaty  accord- 
ing to  judicial  constructions,  and  as  a  ground  for  insisting  on  a 
reciprocal  compliance,  is  the  proposition  in  which  the  Report 
terminates.  2.  A  recommendation  of  the  proposed  Convention 
in  May.  Congress  have  been  much  divided  and  embarrassed 
on  the  question  whether  their  taking  an  interest  in  the  measure 
would  impede  or  promote  it.  On  one  side  it  has  been  urged 
that  some  of  the  backward  States  have  scruples  against  acce- 
ding to  it  without  some  constitutional  sanction;  on  the  other, 
that  other  States  will  consider  any  interference  of  Congress  as 
proceeding  from  the  same  views  which  have  hitherto  excited 
their  jealousies.  A  vote  of  the  Legislature  here,  entered  into 
yesterday,  will  give  some  relief  in  the  case.  They  have  in- 
structed their  delegates  in  Congress  to  move  for  the  reconsid- 


1787  LETTERS.  277 

eration  in  question.  The  vote  was  carried  by  a  majority  of  one 
only  in  the  Senate,  and  there  is  room  to  suspect  that  the  minor- 
ity were  actuated  by  a  dislike  to  the  substance,  rather  than  by 
any  objection  against  the  form  of  the  business.  A  large  majority 
in  the  other  Branch  a  few  days  ago  put  a  definitive  veto  on  the 
Impost. 

It  would  seem  as  if  the  politics  of  this  State  are  directed  by 
individual  interests  and  plans,  which  might  be  incommoded  by 
the  controul  of  an  efficient  federal  Government.  The  four  States 
north  of  it  are  still  to  make  their  decision  on  the  subject  of  the 
Convention.  I  am  told  by  one  of  the  Massachusetts  delegates 
that  the  Legislature  of  that  State,  which  is  now  sitting,  will 
certainly  accede  and  appoint  Deputies  if  Congress  declare  their 
approbation  of  the  measure.  I  have  similar  information  that 
Connecticut  will  probably  come  in,  though  it  is  said  that  the 
interference  of  Congress  will  rather  have  a  contrary  tendency 
there.  It  is  expected  that  South  Carolina  will  not  fail  to  adopt 
the  plan,  and  that  Georgia  is  equally  well  disposed.  All  the 
intermediate  States  between  the  former  and  New  York  have 
already  appointed  Deputies,  except  Maryland,  which,  it  is  said, 
means  to  do  it,  and  has  entered  into  some  vote  which  declares 
as  much.  Nothing  has  yet  been  done  by  the  new  Congress  with 
regard  to  the  Mississippi. 

Our  latest  information  from  Massachusetts  gives  hopes  that 
the  meeting,  or,  as  the  Legislature  there  now  style  it,  the  Re- 
bellion, is  nearly  extinct.  If  the  measures,  however,  on  foot  for 
disarming  and  disfranchising  those  concerned  in  it  should  be 
carried  into  effect,  a  new  crisis  may  be  brought  on. 

I  have  not  been  here  long  enough  to  gather  the  general  senti- 
ments of  leading  characters  touching  our  affairs  and  prospects. 
I  am  inclined  to  hope  that  they  will  gradually  be  concentered 
in  the  plan  of  a  thorough  reform  of  the  existing  system.  Those 
who  may  lean  towards  a  monarchical  government,  and  who,  I 
suspect,  are  swayed  by  very  indigested  ideas,  will  of  course 
abandon  an  unattainable  object  whenever  a  prospect  opens  of 
rendering  the  Republican  form  competent  to  its  purposes.  Those 
who  remain  attached  to  the  latter  form  must  soon  perceive  that 


278  WORKS    OF    MADISON.  1787. 

it  cannot  be  preserved  at  all  under  any  modification  which  does 
not  redress  the  ills  experienced  from  our  present  establish- 
ments. Virginia  is  the  only  State  which  has  made  any  provis- 
ion for  the  late  moderate  but  essential  requisition  of  Congress, 
and  her  provision  is  a  partial  one  only. 

This  would  have  been  of  earlier  date,  but  I  have  waited  for 
more  interesting  subjects  for  it.  I  shall  do  myself  the  pleasure 
of  repeating  the  liberty  of  dropping  you  a  few  lines  as  often  as 
proper  occasions  arise,  on  no  other  condition,  however,  than 
your  waiving  the  trouble  of  regular  answers  or  acknowledge- 
ments on  your  part. 

With  the  greatest  respect  and  affection,  I  am,  Dr  Sir,  your 
obt  friend  and  serv. 


TO   THE   HONBLE  EDMUND   PENDLETON. 

NEW  YORK,  February  24,  1787. 

DEAR  SIR, — If  the  contents  of  the  newspapers  of  this  place 
find  their  way  into  the  Gazettes  of  Richmond,  you  will  have 
learnt  that  the  expedition  of  General  Lincoln  against  the  in- 
surgents has  effectually  dispersed  the  main  body  of  them.  It 
appears,  however,  that  there  are  still  some  detachments  which 
remain  to  be  subdued,  and  that  the  government  of  Massachu- 
setts consider  very  strong  precautions  as  necessary  against 
farther  eruptions.  The  principal  incendiaries  have,  unluckily, 
made  off.  By  some  it  is  said  that  they  are  gone  to  Canada; 
by  others,  that  they  have  taken  shelter  in  Vermont;  and  by  some, 
that  they  are  opening  a  communication  with  the  upper  parts  of 
this  State.  The  latter  suggestion  has  probably  some  color,  as 
the  Governor  here  has  thought  proper  to  offer  rewards  for  them, 
after  the  example  of  Governor  Bowdoin.  We  have  no  inter- 
esting information  from  Europe. 

The  only  step  of  moment  taken  by  Congress,  since  my  arrival, 
has  been  a  recommendation  of  the  proposed  meeting  in  May,  for 
revising  the  federal  Articles.  Some  of  the  States,  considering 


1787.  LETTERS.  279 

this  measure  as  an  extra-constitutional  one,  had  scruples  against 
concurring  in  it  without  some  regular  sanction.  By  others,  it 
was  thought  best  that  Congress  should  remain  neutral  in  the 
business,  as  the  best  antidote  for  the  jealousy  of  an  ambitious 
desire  in  them  to  get  more  power  into  their  hands.  This  sus- 
pense was  at  length  removed  by  an  instruction  from  this  State 
to  its  delegates  to  urge  a  recommendatory  Resolution  in  Con- 
gress, which  accordingly  passed  a  few  days  ago.  Notwith- 
standing this  instruction  from  N.  York,  there  is  room  to  sus- 
pect her  disposition  not  to  be  very  federal,  a  large  majority  of 
the  House  of  Delegates  having  very  lately  entered  into  a  defin- 
itive refusal  of  the  impost,  and  the  instruction  itself  having 
passed  in  the  Senate  by  a  casting  vote  only.  In  consequence 
of  the  sanction  given  by  Congress,  Massachusetts,  it  is  said, 
will  send  Deputies  to  the  Convention,  and  her  example  will 
have  great  weight  with  the  other  New  England  States.  The 
States  from  North  Carolina  to  New  Jersey,  inclusive,  have 
made  their  appointments,  except  Maryland,  who  has,  as  yet, 
only  determined  that  she  will  make  them.  The  gentlemen  here 
from  South  Carolina  and  Georgia  expect  that  those  States  will 
follow  the  general  example.  Upon  the  whole,  therefore,  it 
seems  probable  that  a  meeting  will  take  place,  and  that  it  will 
be  a  pretty  full  one. 

What  the  issue  of  it  will  be  is  among  the  other  arcana  of  fu- 
turity, and  nearly  as  inscrutable  as  any  of  them.  In  general, 
I  find  men  of  reflection  much  less  sanguine  as  to  a  new,  than 
despondent  as  to  the  present  system.  Indeed,  the  present  sys- 
tem neither  has  nor  deserves  advocates;  and  if  some  very  strong 
props  are  not  applied,  will  quickly  tumble  to  the  ground.  No 
money  is  paid  into  the  public  Treasury;  no  respect  is  paid  to 
the  federal  authority.  Not  a  single  State  complies  with  the 
requisitions;  several  pass  them  over  in  silence,  and  some  posi- 
tively reject  them.  The  payments,  ever  since  the  peace,  have 
been  decreasing,  and  of  late  fall  short  even  of  the  pittance  ne- 
cessary for  the  civil  list  of  the  Confederacy.  It  is  not  possible 
that  a  Government  can  last  long  under  these  circumstances. 

If  the  approaching  convention  should  not  agree  on  some  rem- 


280  WORKS    OF    MADISON.  1787. 

edy,  I  am  persuaded  that  some  very  different  arrangement  will 
ensue.  The  late  turbulent  scenes  in  Massachusetts,  and  infa- 
mous ones  in  Rhode  Island,  have  done  inexpressible  injury  to 
the  republican  character  in  that  part  of  the  United  States,  and 
a  propensity  towards  monarchy  is  said  to  have  been  produced 
by  it  in  some  leading  minds.  The  bulk  of  the  people  will  prob- 
ably prefer  the  lesser  evil  of  a  partition  of  the  Union  into  three 
more  practicable  and  energetic  governments.  The  latter  idea, 
I  find,  after  long  confinement  to  individual  speculations  and 
private  circles,  is  beginning  to  shew  itself  in  the  newspapers. 
But  though  it  is  a  lesser  evil,  it  is  so  great  a  one  that  I  hope 
the  danger  of  it  will  rouse  all  the  real  friends  of  the  Revolution 
to  exert  themselves  in  favor  of  such  an  organization  of  the  Con- 
federacy as  will  perpetuate  the  Union  and  redeem  the  honor  of 
the  Republican  name. 

I  shall  follow  this  introductory  letter  with  a  few  lines  from 
time  to  time,  as  a  proper  subject  for  them  occurs.  The  only 
stipulation  I  exact  on  your  part  is,  that  you  will  not  consider 
them  as  claiming  either  answers  or  acknowledgements,  and  that 
you  will  believe  me  to  be,  with  sincerest  wishes  for  your  health 
and  every  other  happiness, 

Your  affectionate  friend  and  serv. 


TO   COL.   JAMES  MADISON. 

NEW  YORK,  Febr  25th,  1787. 
HONDSlR—  *  *  *  *  * 

The  success  of  General  Lincoln  against  the  insurgents  has 
corresponded  with  the  hopes  of  the  Government.  It  is  still  said, 
notwithstanding,  that  there  remains  a  great  deal  of  leven  in  the 
mass  of  the  people.  Connecticut  has  not  caught  the  fermenta- 
tion, but  she  pays  no  taxes.  Congress  received  a  letter  a  few 
days  ago  from  the  Governor  of  that  State,  inclosing  a  non-com- 
pliance of  the  Assembly  with  the  requisitions  of  Congress.  In 
fact,  payments  to  the  federal  Treasury  are  ceasing  everywhere, 


1787.  LETTERS.  281 

and  the  minds  of  people  losing  all  confidence  in  our  political 
system.  What  change  may  be  wrought  by  the  proposed  Con- 
vention is  uncertain.  There  is  a  prospect,  at  present,  of  pretty 
general  appointments  to  it. 


TO  GENERAL  WASHINGTON. 

NEW  YORK,  March  18th,  1787. 

DEAR  SIR, — Recollecting  to  have  heard  you  mention  a  plan 
formed  by  the  Empress  of  Russia  for  a  comparative  view  of  the 
Aborigines  of  the  new  Continent,  and  of  the  N.  E.  parts  of  the 
old,  through  the  medium  of  their  respective  tongues,  and  that 
her  wishes  had  been  conveyed  to  you  for  your  aid  in  obtaining 
the  American  vocabularies,  I  have  availed  myself  of  an  oppor- 
tunity, offered  by  the  kindness  of  Mr.  Hawkins,  of  taking  a 
copy  of  such  a  sample  of  the  Cherokee  and  Choctaw  dialects  as 
his  late  commission  to  treat  with  them  enabled  him  to  obtain, 
and  do  myself  the  honor  now  of  enclosing  it.  I  do  not  know 
how  far  the  list  of  words  made  use  of  by  Mr.  Hawkins  may  cor- 
respond with  the  standard  of  the  Empress,  nor  how  far  nations 
so  remote  as  the  Cherokees  and  Choctaws  from  the  N.  W. 
shores  of  America  may  fall  within  the  scheme  of  comparison. 
I  presume,  however,  that  a  great  proportion,  at  least,  of  the 
words  will  answer,  and  that  the  laudable  curiosity  which  sug- 
gests investigations  of  this  sort  will  be  pleased  with  every  en- 
largement of  the  field  for  indulging  it.  Not  finding  it  conve- 
nient to  retain  a  copy  of  the  enclosed,  as  I  wished  to  do,  for  my- 
self, I  must  ask  the  favor  of  your  amanuensis  to  perform  that 
task  for  me. 

The  appointments  for  the  Convention  go  on  very  successfully. 
Since  the  date  of  my  last,  Georgia,  South  Carolina,  New  York, 
Massachusetts,  and  New  Hampshire,  have  come  into  the  meas- 
ure. Georgia  and  New  Hampshire  have  constituted  their  Dele- 
gates in  Congress  their  representatives  in  Convention.  South 
Carolina  has  appointed  Mr.  J.  Rutledge,  General  Pinckney,  Mr. 


282  WORKS    OF    MADISON.  1787. 

Laurens,  Major  Butler,  and  Mr.  Charles  Pinckney,  late  member 
of  Congress.  The  deputies  of  Massachusetts  are  Mr.  Dana,  Mr. 
King,  Mr.  Gorham,  Mr.  Gerry,  Mr.  Strong.  I  am  told  that  a 
Resolution  of  the  Legislature  of  this  State,  which  originated 
with  their  Senate,  lays  its  deputies  under  the  fetter  of  not  de- 
parting from  the  5th  of  the  present  articles  of  Confederation. 
As  this  Resolution  passed  before  the  recommendatory  act  of 
Congress  was  known,  it  is  conjectured  that  it  may  be  rescinded; 
but  its  having  passed  at  all  denotes  a  much  greater  prevalence 
of  political  jealousy  in  that  quarter  than  had  been  imagined. 
The  deputation  of  New  York  consists  of  Colonel  Hamilton, 
Judge  Yates,  and  a  Mr.  Lansing.  The  two  last  are  said  to  be 
pretty  much  linked  to  the  anti-federal  party  here,  and  are  likely, 
of  course,  to  be  a  clog  on  their  colleague.  It  is  not  doubted, 
now,  that  Connecticut  and  Rhode  Island  will  avoid  the  singu- 
larity of  being  unrepresented  in  the  Convention. 

The  thinness  of  Congress  has  been  an  obstacle  to  all  the  im- 
portant business  before  them.  At  present  there  are  nine  States 
on  the  ground;  but  this  number,  though  adequate  to  every  ob- 
ject when  unanimous,  makes  a  slow  progress  in  business  that 
requires  seven  States  only.  And  I  see  little  prospect  of  the 
number  being  increased. 

By  our  latest  and  most  authentic  information  from  Massachu- 
setts, it  would  seem  that  a  calm  has  been  restored  by  the  expe- 
dition of  General  Lincoln.  The  precautions  taking  by  the 
State,  however,  betray  a  great  distrust  of  its  continuance.  Be- 
sides their  act  disqualifying  the  malcontents  from  voting  in  the 
election  of  members  for  the  Legislature,  &c.,  another  has  been 
passed  for  raising  a  corps  of  1,000  or  1,500  men,  and  appropri- 
ating the  choicest  revenues  of  the  country  to  its  support.  It  is 
said  that  at  least  half  of  the  insurgents  decline  accepting  the 
terms  annexed  to  the  amnesty,  and  that  this  defiance  of  the  law 
against  Treason  is  countenanced  not  only  by  the  impunity  with 
which  they  shew  themselves  on  public  occasions,  even  with  in- 
solent badges  of  their  character,  but  by  marks  of  popular  favor 
conferred  on  them  in  various  instances  in  the  election  to  local 
offices. 


1787.  LETTEKS.  £83 

A  proposition  has  been  introduced  and  discussed  in  the  Legis- 
lature of  this  State  for  relinquishing  its  claim  to  Vermont,  and 
urging  the  admission  of  it  into  the  Confederacy.  As  far  as  I 
can  learn,  difficulties  will  arise  only  in  settling  the  form,  the 
substance  of  the  measures  being  not  disliked  by  any  of  the  par- 
ties. It  is  wished  by  those  who  are  not  interested  in  claims  to 
lands  within  that  district  to  guard  against  any  responsibility 
in  the  State  for  compensation.  On  the  other  side,  it  will  at 
least  be  insisted  that  they  shall  not  be  barred  the  privilege  of 
carrying  their  claims  before  a  federal  court,  in  case  Vermont 
shall  become  a  party  to  the  Union.  I  think  it  probable,  if  she 
should  not  decline  becoming  such  altogether,  that  she  will  make 
two  conditions,  if  not  more:  1.  That  neither  her  boundaries 
nor  the  rights  of  her  citizens  shall  be  impeachable  under  the 
9th  article  of  Confederation.  2.  That  no  share  of  the  public 
debt  already  contracted  shall  be  allotted  to  her. 

I  have  a  letter  from  Col.  John  Campbell,  dated  at  Pittsburg, 
from  which  I  gather  that  the  people  of  that  quarter  are  thrown 
into  great  agitation  by  the  reported  intention  of  Congress  con- 
cerning the  Mississippi,  and  that  measures  are  on  foot  for  uni- 
ting the  minds  of  all  the  different  settlements  which  have  a 
common  interest  at  stake.  Should  this  policy  take  effect,  I 
think  there  is  much  ground  to  apprehend  that  the  ambition  of  in- 
dividuals will  quickly  mix  itself  with  the  first  impulses  of  resent- 
ment and  interest;  that  by  degrees  the  people  may  be  led  to  set 
up  for  themselves;  that  they  will  slide,  like  Vermont,  insensibly 
into  a  communication  and  latent  connection  with  their  British 
neighbors,  and,  in  pursuance  of  the  same  example,  make  such  a 
disposition  of  the  Western  Territory  as  will  entice  into  it  most 
effectually  emigrants  from  all  parts  of  the  Union.  If  these  ap- 
prehensions be  not  imaginary,  they  suggest  many  observations 
extremely  interesting  to  Spain  as  well  as  to  the  United  States. 

I  hear  from  Richmond,  with  much  concern,  that  Mr.  Henry 
has  positively  declined  his  mission  to  Philadelphia.  Besides 
the  loss  of  his  services  on  that  theatre,  there  is  danger,  I  fear^ 
that  this  step  has  proceeded  from  a  wish  to  leave  his  conduct 


284  WORKS    OF    MADISON.  1787. 

unfettered  on  another  theatre,  where  the  result  of  the  Conven- 
tion will  receive  its  destiny  from  his  omnipotence. 

With  every  sentiment  of  esteem  and  affection,  I  remain,  Dear 
Sir,  your  obt  and  very  h'ble  serv. 


TO   THOMAS   JEFFERSON. 

NEW  YORK,  March  19th,  1787. 

DEAR  SIR, — My  last  was  of  the  llth  of  February,  and  went 
by  the  packet.  This  will  go  to  England  in  the  care  of  a  French 
gentleman,  who  will  consign  it  to  the  care  of  Mr.  Adams. 

The  appointments  for  the  Convention  go  on  auspiciously. 
Since  niy  last,  Georgia,  South  Carolina,  New  York,  Massachu- 
setts, and  New  Hampshire,  have  come  into  the  measure.  The 
first  and  the  last  of  these  States  have  commissioned  their  dele- 
gates to  Congress  as  their  representatives  in  Convention.  The 
deputation  of  Massachusetts  consists  of  Mess™.  Gorham,  Dana, 
King,  Gerry,  and  Strong.  That  of  New  York,  Mess".  Hamil- 
ton, Yates,  and  Lansing.  That  of  South  Carolina,  Mess™.  J. 
Rutledge,  Laurens,  Pinckney,  (General,)  Butler,  and  Charles 
Pinckney,  lately  member  of  Congress.  The  States  which  have 
not  yet  appointed  are  Rhode  Island,  Connecticut,  and  Mary- 
land. The  last  has  taken  measures  which  prove  her  intention 
to  appoint,  and  the  two  former  it  is  not  doubted  will  follow  the 
example  of  their  neighbours.  I  just  learn  from  the  Governor 
of  Virginia  that  Mr.  Henry  has  resigned  his  place  in  the  depu- 
tation from  that  State,  and  that  General  Nelson  is  put  into  it 
by  the  Executive,  who  were  authorised  to  fill  vacancies.  The 
Governor,  Mr.  Wythe,  and  Mr.  Blair,  will  attend,  and  some 
hopes  are  entertained  of  Col.  Mason's  attendance.  General 
Washington  has  prudently  authorised  no  expectations  of  his 
attendance,  but  has  not  either  precluded  himself  absolutely  from 
stepping  into  the  field  if  the  crisis  should  demand  it. 

What  may  be  the  result  of  this  political  experiment  cannot 
be  foreseen.  The  difficulties  which  present  themselves  are,  on 


1787.  LETTERS.  285 

one  side,  almost  suflficient  to  dismay  the  most  sanguine,  whilst 
on  the  other  side  the  most  timid  are  compelled  to  encounter 
them  by  the  mortal  diseases  of  the  existing  Constitution.  These 
diseases  need  not  be  pointed  out  to  you,  who  so  well  understand 
them.  Suffice  it  to  say,  that  they  are  at  present  marked  by 
symptoms  which  are  truly  alarming,  which  have  tainted  the 
faith  of  the  most  orthodox  republicans,  and  which  challenge 
from  the  votaries  of  liberty  every  concession  in  favor  of  stable 
Government  not  infringing  fundamental  principles,  as  the  only 
security  against  an  opposite  extreme  of  our  present  situation. 

I  think  myself  that  it  will  be  expedient,  in  the  first  place,  to 
lay  the  foundation  of  the  new  system  in  such  a  ratification  by 
the  people  themselves  of  the  several  States  as  will  render  it 
clearly  paramount  to  their  Legislative  authorities.  2dly.  Over 
and  above  the  positive  power  of  regulating  trade  and  sundry 
other  matters  in  which  uniformity  is  proper,  to  arm  the  federal 
head  with  a  negative  in  all  cases  whatsoever  on  the  local  Legis- 
latures. Without  this  defensive  power,  experience  and  reflec- 
tion have  satisfied  me  that,  however  ample  the  federal  powers 
may  be  made,  or  however  clearly  their  boundaries  may  be  de- 
lineated on  paper,  they  will  be  easily  and  continually  baffled  by 
the  Legislative  sovereignties  of  the  States.  The  effects  of  this 
provision  would  be  not  only  to  guard  the  national  rights  and 
interests  against  invasion,  but  also  to  restrain  the  States  from 
thwarting  and  molesting  each  other;  and  even  from  oppressing 
the  minority  within  themselves  by  paper  money  and  other  un- 
righteous measures  which  favor  the  interest  of  the  majority.  In 
order  to  render  the  exercise  of  such  a  negative  prerogative  con- 
venient, an  emanation  of  it  must  be  vested  in  some  set  of  men 
within  the  several  States,  so  far  as  to  enable  them  to  give  a 
temporary  sanction  to  laws  of  immediate  necessity.  3dlr.  To 
change  the  principle  of  Representation  in  the  federal  system. 
Whilst  the  execution  <5f  the  acts  of  Congress  depends  on  the 
several  Legislatures,  the  equality  of  votes  does  not  destroy  the 
inequality  of  importance  and  influence  in  the  States.  But  in 
case  of  such  an  augmentation  of  the  federal  power  as  will  ren- 
der it  efficient  without  the  intervention  of  the  Legislatures,  a 


286  WORKS    OF    MADISON.  1787. 

vote  in  the  general  Councils  from  Delaware  would  be  of  equal 
value  with  one  from  Massachusetts  or  Virginia.  This  change, 
therefore,  is  just.  I  think,  also,  it  will  be  practicable.  A  ma- 
jority of  the  States  conceive  that  they  will  be  gainers  by  it.  It 
is  recommended  to  the  Eastern  States  by  the  actual  superiority 
of  their  populousness,  and  to  the  Southern  by  their  expected 
superiority;  and  if  a  majority  of  the  larger  States  concur,  the 
fewer  and  smaller  States  must  finally  bend  to  them.  This  point 
being  gained,  many  of  the  objections  now  urged  in  the  leading 
States  against  renunciations  of  power  will  vanish.  4thly.  To 
organize  the  federal  powers  in  such  a  manner  as  not  to  blend 
together  those  which  ought  to  be  exercised  by  separate  depart- 
ments. The  limited  powers  now  vested  in  Congress  are  fre- 
quently mismanaged  from  the  want  of  such  a  distribution  of 
them.  What  would  be  the  case  under  an  enlargement  not  only 
of  the  powers,  but  the  number  of  the  federal  Representatives? 
These  are  some  of  the  leading  ideas  which  have  occurred  to  me, 
but  which  may  appear  to  others  as  improper  as  they  appear  to 
me  necessary. 


TO   COL.   JAMES  MADISON. 

NEW  YORK,  April  1st,  1787. 

HOND  SIR, — The  general  attention  is  now  directed  towards 
the  approaching  Convention.  All  the  States  have  appointed 
deputies  to  it  except  Connecticut,  Maryland,  and  Rhode  Island. 
The  first,  it  is  not  doubted,  will  appoint,  and  the  second  has 
already  resolved  on  the  expediency  of  the  measure.  Rhode 
Island  alone  has  refused  her  concurrence.  A  majority  of  more 
than  twenty  in  the  Legislature  of  that  State  has  refused  to  fol- 
low the  general  example.  Being  conscious  of  the  wickedness 
of  the  measures  they  are  pursuing,  they  are  afraid  of  everything 
that  may  become  a  controul  on  them.  Notwithstanding  this 
prospect  of  a  very  full  and  respectable  meeting,  no  very  san- 
guine expectations  can  well  be  indulged.  The  probable  diver- 
sity of  opinions  and  prejudices,  and  of  supposed  or  real  inter- 


1787.  LETTERS.  287 

ests  among  the  States,  renders  the  issue  totally  uncertain.  The 
existing  embarrassments  and  mortal  diseases  of  the  Confederacy 
form  the  only  ground  of  hope  that  a  spirit  of  concession  on  all 
sides  may  be  produced  by  the  general  chaos,  or  at  least  parti- 
tions of  the  Union,  which  offers  itself  as  the  alternative. 


TO   GENERAL  WASHINGTON. 

NEW  YORK,  April  16th,  1787. 

DEAR  SIR, — I  have  been  honored  with  your  letter  of  the  31 
March,  and  find,  with  much  pleasure,  that  your  views  of  the  re- 
form which  ought  to  be  pursued  by  the  Convention  give  a 
sanction  to  those  I  entertained.  Temporising  applications  will 
dishonor  the  councils  which  propose  them,  and  may  foment  the 
internal  malignity  of  the  disease,  at  the  same  time  that  they 
produce  an  ostensible  palliation  of  it.  Radical  attempts,  al- 
though unsuccessful,  will  at  least  justify  the  authors  of  them. 

Having  been  lately  led  to  revolve  the  subject  which  is  to  un- 
dergo the  discussion  of  the  Convention,  and  formed  some  out- 
lines of  a  new  system,  I  take  the  liberty  of  submitting  them 
without  apology  to  your  eye. 

Conceiving  that  an  individual  independence  of  the  States  is 
utterly  irreconcileable  with  their  aggregate  sovereignty,  and 
that  a  consolidation  of  the  whole  into  one  simple  republic  would 
be  as  inexpedient  as  it  is  unattainable,  I  have  sought  for  middle 
ground,  which  may  at  once  support  a  due  supremacy  of  the  na- 
tional authority,  and  not  exclude  the  local  authorities  wherever 
they  can  be  subordinately  useful. 

I  would  propose  as  the  groundwork,  that  a  change  be  made 
in  the  principle  of  representation.  According  to  the  present 
form  of  the  Union,  in  which  the  intervention  of  the  States  is  in 
all  great  cases  necessary  to  effectuate  the  measures  of  Congress, 
an  equality  of  suffrage  does  not  destroy  the  inequality  of  im- 
portance in  the  several  members.  No  one  will  deny  that  Vir- 
ginia and  Massachusetts  have  more  weight  and  influence,  both 
within  and  without  Congress,  than  Delaware  or  Rhode  Island. 


288  WORKS    OF    MADISON.  1787. 

Under  a  system  which  would  operate  in  many  essential  points 
without  the  intervention  of  the  State  legislatures,  the  case  would 
be  materially  altered.  A  vote  in  the  national  Councils  from 
Delaware  would  then  have  the  same  effect  and  value  as  one 
from  the  largest  State  in  the  Union.  I  am  ready  to  believe  that 
such  a  change  would  not  be  attended  with  much  difficulty.  A*' 
majority  of  the  States,  and  those  of  greatest  influence,  will  re- 
gard it  as  favorable  to  them.  To  the  northern  States  it  will 
be  recommended  by  their  present  populousness;  to  the  South- 
ern, by  their  expected  advantage  in  this  respect.  The  lesser 
States  must  in  every  event  yield  to  the  predominant  will.  But 
the  consideration  which  particularly  urges  a  change  in  the  rep- 
resentation is,  that  it  will  obviate  the  principal  objections  of 
the  larger  States  to  the  necessary  concessions  of  power. 

I  would  propose  next,  that  in  addition  to  the  present  federal 
powers,  the  national  Government  should  be  armed  with  positive 
and  compleat  authority  in  all  cases  which  require  uniformity; 
such  as  the  regulation  of  trade,  including  the  right  of  taxing 
both  exports  and  imports,  the  fixing  the  terms  and  forms  of 
naturalization,  &c.,  &c. 

Over  and  above  this  positive  power,  a  negative  in  all  cases 
whatsoever  on  the  Legislative  acts  of  the  States,  as  heretofore 
exercised  by  the  Kingly  prerogative,  appears  to  me  to  be  ab- 
solutely necessary,  and  to  be  the  least  possible  encroachment  on 
the  State  jurisdictions.  Without  this  defensive  power,  every 
positive  power  that  can  be  given  on  paper  will  be  evaded  or 
defeated.  The  States  will  continue  to  invade  the  National  ju- 
risdiction, to  violate  treaties  and  the  law  of  nations,  and  to 
harass  each  other  with  rival  and  spiteful  measures  dictated  by 
mistaken  views  of  interest.  Another  happy  effect  of  this  pre- 
rogative would  be  its  controul  on  the  internal  vicissitudes  of 
State  policy,  and  the  aggressions  of  interested  majorities  on  the 
rights  of  minorities  and  of  individuals.  The  great  desideratum, 
which  has  not  yet  been  found  for  Republican  Governments, 
seems  to  be  some  disinterested  and  dispassionate  umpire  in  dis- 
putes between  different  passions  and  interests  in  the  State.  The 
majority,  who  alone  have  the  right  of  decision,  have  frequently 


1787.  LETTERS.  289 

an  interest,  real  or  supposed,  in  abusing  it.  In  Monarchies,  the 
Sovereign  is  more  neutral  to  the  interests  and  views  of  differ- 
ent parties;  but,  unfortunately,  he  too  often  forms  interests  of 
his  own,  repugnant  to  those  of  the  whole.  Might  not  the  na- 
tional prerogative  here  suggested  be  found  sufficiently  disin- 
terested for  the  decision  of  local  questions  of  policy,  whilst  it 
would  itself  be  sufficiently  restrained  from  the  pursuit  of  inter- 
ests adverse  to  those  of  the  whole  society  ?  There  has  not  been 
any  moment  since  the  peace  at  which  the  representatives  of  the 
Union  would  have  given  an  assent  to  paper  money,  or  any  other 
measure  of  a  kindred  nature. 

The  national  supremacy  ought  also  to  be  extended,  as  I  con- 
ceive, to  the  Judiciary  departments.  If  those  who  are  to  ex- 
pound and  apply  the  laws  are  connected  by  their  interests  and 
their  oaths  with  the  particular  States  wholly,  and  not  with  the 
Union,  the  participation  of  the  Union  in  the  making  of  the 
laws  may  be  possibly  rendered  unavailing.  It  seems  at  least 
necessary  that  the  oaths  of  the  Judges  should  include  a  fidelity 
to  the  general  as  well  as  local  Constitution,  and  that  an  appeal 
should  lie  to  some  National  tribunal  in  all  cases  to  which  for- 
eigners or  inhabitants  of  other  States  may  be  parties.  The  ad- 
miralty jurisdiction  seems  to  fall  entirely  within  the  purview 
of  the  National  Government. 

The  National  supremacy  in  the  Executive  departments  is  lia- 
ble to  some  difficulty,  unless  the  officers  administering  them 
could  be  made  appointable  by  the  Supreme  Government.  The 
Militia  ought  certainly  to  be  placed,  in  some  form  or  other,  under 
the  authority  which  is  entrusted  with  the  general  protection 
and  defence. 

A  Government  composed  of  such  extensive  powers  should  be 
well  organized  and  balanced.  The  legislative  department 
might  be  divided  into  two  branches;  one  of  them  chosen  every 
years,  by  the  people  at  large,  or  by  the  Legislatures;  the 
other  to  consist  of  fewer  members,  to  hold  their  places  for  a 
longer  term,  and  to  go  out  in  such  a  rotation  as  always  to  leave 
in  office  a  large  majority  of  old  members.  Perhaps  the  nega- 
tive on  the  laws  might  be  most  conveniently  exercised  by  this 

VOL.  i.  19 


290  WORKS    OF    MADISON.  1787. 

branch.  As  a  further  check,  a  Council  of  revision,  including 
the  great  ministerial  officers,  might  be  superadded. 

A  National  Executive  must  also  be  provided.  I  have  scarcely 
ventured,  as  yet,  to  form  my  own  opinion  either  of  the  manner 
in  which  it  ought  to  be  constituted,  or  of  the  authorities  with 
which  it  ought  to  be  cloathed. 

An  article  should  be  inserted  expressly  guarantying  the  tran- 
quillity of  the  States  against  internal  as  well  as  external  dangers. 

In  like  manner  the  right  of  coercion  should  be  expressly  de- 
clared. With  the  resources  of  commerce  in  hand,  the  National 
administration  might  always  find  means  of  exerting  it  either  by 
sea  or  land.  But  the  difficulty  and  awkwardness  of  operating 
by  force  on  the  collective  will  of  a  State  render  it  particularly 
desirable  that  the  necessity  of  it  might  be  precluded.  Perhaps 
the  negative  on  the  laws  might  create  such  a  mutuality  of  de- 
pendence between  the  general  and  particular  authorities  as 
to  answer  this  purpose.  Or,  perhaps,  some  defined  objects  of 
taxation  might  be  submitted,  along  with  commerce,  to  the  gen- 
eral authority. 

To  give  a  new  system  its  proper  validity  and  energy,  a  rati- 
fication must  be  obtained  from  the  people,  and  not  merely  from 
the  ordinary  authority  of  the  Legislatures.  This  will  be  the 
more  essential,  as  inroads  on  the  existing  Constitutions  of  the 
States  will  be  unavoidable. 

The  inclosed  address  to  the  States  on  the  subject  of  the  Treaty 
of  peace  has  been  agreed  to  by  Congress,  and  forwarded  to  the 
several  Executives.  We  foresee  the  irritation  which  it  will  ex- 
cite in  many  of  our  Countrymen,  but  could  not  withhold  our 
approbation  of  the  measure.  Both  the  resolutions  and  the  ad- 
dress passed  without  a  dissenting  voice. 

Congress  continue  to  be  thin,  and  of  course  do  little  business 
of  importance.  The  settlement  of  the  public  accounts,  the  dis- 
position of  the  public  lands,  and  arrangements  with  Spain,  are 
subjects  which  claim  their  particular  attention.  As  a  step 
towards  the  first,  the  Treasury  board  are  charged  with  the  task 
of  reporting  a  plan  by  which  the  final  decision  on  the  claims  of 
the  States  will  be  handed  over  from  Congress  to  a  select  set  of 


1787.  LETTERS.  291 

men,  bound  by  their  oaths,  and  cloathed  with  the  powers  of 
Chancellors.  As  to  the  second  article,  Congress  have  it  them- 
selves under  consideration.  Between  six  and  seven  hundred 
thousand  acres  have  been  surveyed  and  are  ready  for  sale.  The 
mode  of  sale,  however,  will  probably  be  a  source  of  different 
opinions,  as  will  the  mode  of  disposing  of  the  unsurveyed  res- 
idue. The  Eastern  gentlemen  remain  attached  to  the  scheme 
of  townships.  Many  others  are  equally  strenuous  for  indiscrim- 
inate locations.  The  States  which  have  lands  of  their  own  for 
sale  are  suspected  of  not  being  hearty  in  bringing  the  federal 
lands  to  market.  The  business  with  Spain  is  becoming  ex- 
tremely delicate,  and  the  information  from  the  Western  settle- 
ments truly  alarming. 

A  motion  was  made  some  days  ago  for  an  adjournment  of 
Congress  for  a  short  period,  and  an  appointment  of  Philadelphia 
for  their  reassembling.  The  eccentricity  of  this  place,  as  well 
with  regard  to  East  and  West  as  to  North  and  South,  has,  I 
find,  been  for  a  considerable  time  a  thorn  in  the  minds  of  many 
of  the  Southern  members.  Suspicion,  too,  has  charged  some 
important  votes  on  the  weight  thrown  by  the  present  position 
of  Congress  into  the  Eastern  scale,  and  predicts  that  the  East- 
ern members  will  never  concur  in  any  substantial  provision  or 
movement  for  a  proper  permanent  seat  for  the  National  Gov- 
ernment, whilst  they  remain  so  much  gratified  in  its  temporary 
residence.  These  seem  to  have  been  the  operative  motives  with 
those  on  one  side  who  were  not  locally  interested  in  the  re- 
moval. On  the  other  side,  the  motives  are  obvious.  Those  of 
real  weight  were  drawn  from  the  apparent  caprice  with  which 
Congress  might  be  reproached,  and  particularly  from  the  pecu- 
liarity of  the  existing  moment. 

I  own  that  I  think  so  much  regard  due  to  these  considera- 
tions, that  notwithstanding  the  principal  ones  on  the  other  side, 
I  should  have  assented  with  great  reluctance  to  the  motion,  and 
would  even  have  voted  against  it,  if  any  probability  had  existed 
that,  by  waiting  for  a  proper  time,  a  proper  measure  might  not 
be  lost  for  a  very  long  time.  The  plan  which  I  should  have 


292  WORKS    OF    MADISON.  1787. 

judged  most  eligible  would  have  been  to  fix  on  the  removal 
•whenever  a  vote  could  be  obtained,  but  so  as  that  it  should  not 
take  effect  until  the  commencement  of  the  ensuing  federal  year. 
And  if  an  immediate  removal  had  been  resolved  on,  I  had  in- 
tended to  propose  such  a  change  in  the  plan.  No  final  question 
was  taken  in  the  case.  Some  preliminary  questions  showed  that 
six  States  were  in  favor  of  the  motion.  Rhode  Island,  the 
seventh,  was  at  first  on  the  same  side,  and  Mr.  Yarnum,  one  of 
the  delegates,  continues  so.  His  colleague  was  overcome  by  the 
solicitations  of  his  Eastern  brethren.  As  neither  Maryland  nor 
South  Carolina  was  on  the  floor,  it  seems  pretty  evident  that 
New  York  has  a  very  precarious  tenure  of  the  advantages  de- 
rived from  the  abode  of  Congress. 

We  understand  that  the  discontents  in  Massachusetts,  which 
lately  produced  an  appeal  to  the  sword,  are  now  producing  a 
trial  of  strength  in  the  field  of  electioneering.  The  Governor 
will  be  displaced.  The  Senate  is  said  to  be  already  of  a  popu- 
lar complexion,  and  it  is  expected  that  the  other  branch  will  be 
still  more  so.  Paper  money,  it  is  surmised,  will  be  the  engine 
to  be  played  off  against  creditors,  both  public  and  private.  As 
the  event  of  the  elections,  however,  is  not  yet  decided,  this  in- 
formation must  be  too  much  blended  with  conjecture  to  be  re- 
garded as  matter  of  certainty. 

I  do  not  learn  that  the  proposed  act  relating  to  Yermont  has 
yet  gone  through  all  the  stages  of  legislation  here;  nor  can  I 
say  whether  it  will  finally  pass  or  not.  In  truth,  it  having  not 
been  a  subject  of  conversation  for  some  time,  I  am  unable  to 
say  what  has  been  done  or  is  likely  to  be  done  with  it. 


1787.  NOTES    ON    CONFEDERACIES.  293 


Notes  of  Ancient  and  Modern  Confederacies,  preparatory  to  the 
federal  Convention  of  1787.* 


In  this  confederacy,  the  number  of  votes  allotted  to  each 
member  was  proportioned  to  its  pecuniary  contributions.  The 
Judges  and  town  magistrates  were  elected  by  the  general 
authority  in  like  proportion. 

See  Monfofifl"io"  who  prefers  this  mode. 

The  name  of  a  federal  republic  may  be  refused  to  Lycia, 
which  Montesquieu  cites  as  an  example  in  which  the  importance 
of  the  members  determined  the  proportion  of  their  votes  in  the 
general  councils.  The  Grison  League  is  a  juster  example.  — 
Code  de  1'Hum.  Confederation. 

Lyciorum  quoque  avofjuav  celebrat  Strabo:  de  qua  pauca 
libet  heic  subjungere.  Fuere  eorum  urbes  XXIII,  distinctaa  in 
classes  tres  pro  modo  virium.  In  primS  classe  censebantur 
maximae  sex,  in  altera"  media3,  numero  nobis  incerto,  in  tertia* 
reliquae  omnes,  quarum  fortuna  minima.  Et  singulae  quidem 
urbes  has  domi  res  suas  curabant,  magistratus  suos  ordinemque 
civilem  suum  habebant:  universas  tamen  in  unum  co-euntes  unam 
communem  rempublicam  constituebant,  concilioque  utebantur 
uno,  velut  senatu  inajore.  In  eo  de  bello,  de  pace,  de  foederibus, 
denique  de  rerum  Lyciacarum  summa  deliberabant  et  statue- 
bant.  Coibant  vero  in  concilium  hoc  ex  singulis  urbibus  missi 
cum  potestate  ferendi  suffragii:  utebanturque  esi  in  re  jure 
sequissimo.  Nam  quaslibet  urbs  primas  classis  habebat  jus  suffra- 
giorum  trium,  secundas  duorum,  tertian  unius.  Eademque  pro- 
portione  tributa  quoque  conferebant,  et  munia  alia  obibant. 

*  The  reader  will  doubtless  remark  that  this  paper  corresponds  literally 
with  one  printed  in  the  appendix  to  the  9th  volume  of  Washington's  writings, 
except  that  the  names  of  the  authorities  here  cited,  as  well  as  the  passages 
quoted,  are  in  that  entirely  omitted.  Mr.  Sparks  states  that  it  was  found 
among  the  Mount  Vernon  papers  in  the  handwriting  of  General  Washington. 
There  can  be  no  doubt  that  it  was  originally  drawn  by  Mr.  Madison,  as  it  exists 
among  his  autograph  papers  precisely  as  we  have  here  given  it,  with  all  the 
marks  of  his  authorities. 


294  WORKS    OF    MADISON.  1787. 

Quemadmodum  enim  ratio  ipsa  dictat,  et  poscit  asquitas,  ut 
plura  qui  possident,  et  casteris  ditiores  sunt,  plura  etiam  in 
usus  communes,  et  reipublicse  subsidia  conferant,  sic  quoque 
eadem  aaquitatis  regula  postulat,  ut  in  statuendo  de  re  communi 
iidem  illi  plus  aliis  possint:  prassertim  cum  eorundem  magis 
intersit  rempublicam  esse  salvam  quam  tenuiorum.  Locum 
concilii  hujus  non  liabebant  fixum  et  certum,  sed  ex  omnibus 
urbem  deligebant,  quas  videbatur  pro  tempore  commodissima. 
Concilio  coacto  primum  designabant  Lyciarcham  principem 
totius  reipublicas,  dein  magistratus  alios  creabant,  partes  rei- 
publicae  administraturos  demum  judicia  publica  constituebant. 
Atque  hasc  omnia  faciebant  servata"  proportione  eadem,  ut  nulla 
omnino  urbs  praateriretur  munerum  ve  aut  honorum  horum  non 
fieret  particeps.  Et  hoc  jus  illibatum  mansit  Lyciis  ad  id  usque 
tempus,  quo  Romani  assumpto  Asia3  imperio  magna  ex  parte  sui 
arbitrii  id  fecerunt. — Ubbo  Emmius  de  Lyciorum  Republica  in 
Asia.  [Apud  Grovonii  Thes.,  iv,  597.] 
Amphictyonic  Confederacy. 

Instituted  by  Ainplnctyon,'son  of  Deucalion,  King  of  Athens, 
1522  years  Ant.  Christ. — Code  de  1'Humanite. 

Seated  first  at  Thermopyla3,  then  at  Delphos,  afterwards  at 
these  places  alternately.  It  met  half  yearly,  to  wit,  in  the 
Spring  and  Fall,  besides  extraordinary  occasions. — Id.  In  the 
latter  meetings,  all  such  of  the  Greeks  as  happened  to  be  at 
Delphos  on  a  religious  errand  were  admitted  to  deliberate,  but 
not  to  vote. — Encyclopedic. 

The  number  and  names  of  the  confederated  cities  differently 
reported.  The  union  seems  to  have  consisted  originally  of  the 
Delphians  and  their  neighbors  only,  and  by  degrees  to  have 
comprehended  all  Greece.  10, 11, 12,  are  the  different  numbers 
of  original  members  mentioned  by  different  authors. — Code  de 
1'Humanite. 

Each  city  sent  two  deputies ;  one  to  attend  particularly  to 
Religious  matters,  the  other  to  civil  and  criminal  matters 
affecting  individuals ;  both  to  decide  on  matters  of  a  general 
nature. — Id.  Sometimes  more  than  two  were  sent,  but  they 
had  two  votes  only. — Encyclopedie. 


1787.  NOTES    ON    CONFEDERACIES.  295 

The  Amphictyons  took  an  oath  mutually  to  defend  and  pro- 
tect the  united  cities,  to  inflict  vengeance  on  those  who  should 
sacrilegiously  despoil  the  temple  of  Delphos,  to  punish  the 
violators  of  this  oath,  and  never  to  divert  the  water-courses  of 
any  of  the  Amphictyonic  cities,  either  in  peace  or  in  war. — Code 
de  1'Hum.  ^Eschines  orat.  vs.  Ctesiphontem. 

The  Amphictyonic  Council  was  instituted  by  way  of  defence 
and  terror  against  the  Barbarians. — Diet™  de  Treviux. 
Federal  Authority. 

The  Amphictyons  had  full  power  to  propose  and  resolve 
whatever  they  judged  useful  to  Greece. — Encycopedie  Pol. 
(Econ. 

1.  They  judged  in  the  last  resort  all  differences  between  the 
Amphictyonic  cities. — Code  de  1'Hum. 

2.  Mulcted  the  aggressors. — Id. 

3.  Employed  whole  force  of  Greece  against  such  as  refused 
to  execute  its  decrees. — Id.,  and  Plutarch,  Cimon. 

4.  Guarded  the  immense  Riches  of  the  Temple  at  Delphos, 
and  decided  controversies  between  the  inhabitants  and  those 
who  came  to  consult  the  Oracle. — Encyclop. 

5.  Superintended  the  Pythian  games. — Code  de  1'Hum. 

6.  Exercised  right  of  admitting  new  members. — (See  decree 
admitting  Philip,  in  Demosthenes  on  Crown.) 

7.  Appointed  General  of  the  federal  troops,  with  full  powers 
to  carry  their  decrees  into  execution. — Ibid. 

8.  Declared  and  carried  on  war. — Code  de  1'Human. 

Strabo  says  that  the  Council  of  the  Amphictyons  was  dis- 
solved in  the  time  of  Augustus ;  but  Pausanias,  who  lived  in 
the  time  of  Antoninus  Pius,  says  it  remained  entire  then,  and 
that  the  number  of  Amphictyons  was  thirty. — Potter's  Gre. 
Ant.,  vol.  1,  pa.  90. 

The  infif.jtnt.inti  rlnp.lined  on  the  admission  of  Philip,  and  in 
the  time  of  the  Roman  Emperors  the  functions  of  the  council 
were  reduced  to  the  administration  and  police  of  the  Temple. 
This  limited  authority  expired  only  with  the  Pagan  Religion. — 
Code  de  1'Human. 

Vices  of  the  Constitution. 


296  WORKS    OF    MADISON.  1787. 

It  happened  but  too  often  that  the  Deputies  of  the  strongest 
cities  awed  and  corrupted  those  of  the  weaker,  and  that  Judg- 
ment went  in  favor  of  the  most  powerful  party. — Id.  See,  also, 
Plutarch:  Themistocles. 

Greece  was  the  victim  of  Philip.  If  her  confederation  had 
been  stricter,  and  been  persevered  in,  she  would  never  have 
yielded  to  Macedon,  and  might  have  proved  a  Barrier  to  the 
vast  projects  of  Rome. — Code  de  I'Hum. 

Philip  had  two  votes  in  the  Council. — Rawleigh  Hist,  world, 
lib.  4,  c.  1,  Sect.  7. 

The  execution  of  the  Amphictyonic  powers  was  very  different 
from  the  Theory. — Id.  It  did  not  restrain  the  parties  from 
warring  against  each  other.  Athens  and  Sparta  were  members 
during  their  conflicts.  Quer.:  Whether  Thucydides  or  Xeno- 
phon,  in  their  Histories,  ever  allude  to  the  Amphictyonic  au- 
thority, which  ought  to  have  kept  the  peace? — See  Gillies'  Hist. 
Greece,  particularly  vol.  II,  p.  345. 
Achcean  Confederacy. 

In  124  OlympQ  the  l^atrians  and  Dymasans  joined  first  in  this 
league. — Polyb.,  lib.  2,  c.  3. 

This  League  consisted  at  first  of  three  small  cities.  Aratus 
added  Sicyon,  and  drew  in  many  other  cities  of  Achaia  and 
Peloponnesus.  Of  these  he  formed  a  Republic  of  a  peculiar 
sort. — Code  de  1'Human. 

It  consisted  of  twelve  cities,  and  was  produced  by  the  neces- 
sity of  such  a  defence  against  the  Etolians. — Encyclo.  Pol.  OB., 
and  Polyb.,  lib.  2. 

The  members  enjoyed  a  perfect  equality,  each  of  them  sending 
the  number  of  deputies  to  the  Senate. — Id. 

The  Senate  assembled  in  the  Spring  and  Fall,  and  was  also 
convened  on  extraordinary  occasions  by  two  Przetors,  charged 
with  the  administration  during  the  recess,  but  who  could  exe- 
cute nothing  without  the  consent  of  the  Inspectors. — Id. 
Frederal  Authority. 

1.  The  Senate,  composed  of  the  deputies,  made  war  and 
peace. — D'Albon  I,  page  270. 

2.  Appointed  a  Captain  General  annually. — Co.  d'Hum. 


1787.  NOTES    ON    CONFEDERACIES.  297 

3.  Transferred  the  power  of  deciding  to  ten  citizens  taken 
from  the  deputies,  the  rest  retaining  a  right  of  consultation 
only. — Id. 

4.  Sent  and  received  Ambassadors. — D'Albon.     Ibid. 

5.  Appointed  a  prime  Minister. — D'Albon.     Ibid. 

6.  Contracted  foreign  alliances. — Code  de  1'Hum. 

7.  Confederated  cities  in  a  manner  forced  to  receive  the  same 
laws  and  customs,  weights  and  measures,  (Id.,  and  Polyb.,  lib. 
2,  cap.  3,)  yet  considered  as  having  each  their  independent  po- 
lice and  Magistrates. — Encyclop.  Pol.  CEcon. 

8.  Penes  hoc  concilium  erat  summum  rerum  arbitrium,  ex  cu- 
jus  decreto  bella  suscipiebantur,  et  finiebantur,  pax  conveniebat, 
foedera  feriebantur  et  solvebantur,  leges  Jtebant  ratce  aut  irritce. 
Hujus  etiam  erat,  Magistratus  toti  Societati  communes  eligere, 
legationes  decernere,  <fcc.,  &c.     *    *     Regebant  concilium  prse- 
tor  praecipue,  si  prassens  esset,  et  magis,tratus  alii,  quos  Achasi 
ijp/UfOOppotJc  nuncupabant.     Hi  numero  X  erant,  suffrages  legit- 
imi  concilii,  quod  verno  tempore  habebatur,  electi  ex  universa 
societate  prudentia  praacipui,  quorum  concilio  potissimum  prse- 
tor  ex  lege  utebatur.     Horum  potestas  et  dignitas  maxima  erat 
post  ipsum  praetorem,  quos  idciro  Livius,  Polybium  sequens, 
summum  Achgeorum  magistratum  appellat.     *     *      Cum  his 
igitur  de  negociis  gravioribus  in  concilio  agitandis  prastor  prae- 
consultabat,  nee  de  iis.  nisi  in  id  pars  major  consentiret,  licebat 
ad  consilium  referre. — Ubbo  Emmius.     [Descr.  Reip.  Achaeo- 
rum,  Ap.  Gron.  Thes.,  iv,  573.] 

Ista  vero  imprimis  memorabilis  lex  est,  vinculum  societatis 
Achaicae  maxime  stringens,  et  concordiam  muniens,  qua*  inter- 
dictum  fuit,  ne  cui  civitati  Societatis  hujus  participi  fas  esset, 
seorsim  ad  exteros  ultos  mittere  legates,  non  ad  Romanes,  non 
ad  alios.  Et  hasc  expressim  inserta  fuit  pactis  conventis  Achaeo- 
rum  cum  populo  Romano.  *  *  *  *  Omnium  autem  lauda- 
tissima  lex  apud  eos  viguit  *  *  *  qua*  vetitum,  ne  quis  om- 
nino,  sive  privates  conditionis,  seu  magistratum  gerens,  ullam  ob 
causam,  quascunque  etiam  sit,  dona  a  Rege  aliquo  caperet. — Id. 
[Ap.  Gron.  Thes.,  iv,  575.] 


298  WORKS    OF    MADISON.  1787. 

Vices  of  the  Constitution. 

The  defect  of  subjection  in  the  members  to  the  general  au- 
thority ruined  the  whole  Body.  The  Romans  seduced  the  mem- 
bers from  the  League  by  representing  that  it  violated  their 
sovereignty.  —  Code  de  1'Hum. 

After  the  death  of  Alexander,  this  Union  was  dissolved  by 
various  dissentions,  raised  chiefly  thro'  the  acts  of  the  Kings  of 
Macedon.  Every  city  was  now  engaged  in  a  separate  interest, 
and  no  longer  acted  in  concert.  —  Polyb.,  lib.  2,  cap  3.  After, 
in  124  Olympd,  they  saw  their  error,  and  began  to  think  of  re- 
turning to  their  former  State.  This  was  the  time  when  Pyrrhus 
invaded  Italy.  —  Ibid. 


Commenced  in  1308  by  the  temporary  and  in  1315  by  the 
perpetual  Union  of  Uri,  Schweitz,  and  Underwald,  for  the  de- 
fence of  their  liberties  against  the  invasions  of  the'  House  of 
Austria.  In  1315  the  Confederacy  included  8  Cantons.  In 
1513  the  number  of  thirteen  was  compleated  by  the  accession 
of  Appenzel.  —  Code  de  1'Hum. 

The  General  Diet  representing  the  United  Cantons  is  com- 
posed of  two  deputies  from  each.  Some  of  their  allies,  as  the 
Abbe  Sfc.  Gall,  &c.,  are  allowed  by  long  usage  to  attend  by  their 
deputies.  —  Id. 

All  general  Diets  are  held  at  such  time  and  place  as  Zurich, 
which  is  first  in  rank  and  the  depository  of  the  common  archives, 
shall  name  in  a  circular  summons.  But  the  occasion  of  annual 
conferences  for  the  administration  of  their  dependent  bailages 
has  fixed  the  same  time,  to  wit,  the  feast  of  St.  John,  for  the 
General  Diet,  and  the  city  of  Frauenfeld,  in  Turgovia,  is  now 
the  place  of  meeting.  Formerly  it  was  the  city  of  Baden.  —  Id. 

The  Diet  is  opened  by  a  complimentary  address  of  the  first 
deputy  of  each  canton  by  turns,  called  the  Helvetic  salutation. 
It  consists  in  a  congratulatory  review  of  circumstances  and 
events  favorable  to  their  common  interest,  and  exhortations  to 
Union  and  patriotism. 

The  deputies  of  the  first  canton,  Zurich,  propose  the  matters 


1787.  NOTES    ON    CONFEDERACIES.  299 

to  be  discussed.  Questions  are  decided  by  plurality  of  voices. 
In  case  of  division,  the  Bailiff  of  Turgovia  has  the  casting  one. 
The  session  of  the  Diet  continues  about  a  month. — Id. 

After  the  objects  of  universal  concern  are  despatched,  such 
of  the  deputies  whose  constituents  have  no  share  in  the  depend- 
ent bailages  withdraw,  and  the  Diet  then  becomes  a  represent- 
ation of  the  cantons  to  whom  these  bailages  belong,  and  pro- 
ceeds to  the  consideration  of  the  business  relating  thereto. — Id. 

Extraordinary  Diets  for  incidental  business,  or  giving  au- 
dience to  foreign  ministers,  may  be  called  at  any  time  by  any 
one  of  the  cantons,  or  by  any  foreign  minister  who  will  defray 
the  expence  of  meeting.  Seldom  a  year  without  an  extraordi- 
nary Diet. — Stanyan's  Switzerland. 

There  is  an  annual  Diet  of  12  cantons,  by  one  deputy  from 
each,  for  the  affairs  of  the  ultra-montane  bailages. — Code  de 
1'Human. 

Particular  cantons  also  have  their  diets  for  their  particular 
affairs,  the  time  and  place  for  whose  meeting  are  settled  by 
their  particular  treaties. 

All  public  affairs  are  now  treated,  not  in  General  Diet,  but 
in  the  particular  assemblies  of  protestant  and  catholic  can- 
tons.— D'Albon. 

Federal  Authority. 

The  title  of  Republican  and  Sovereign  State  improperly 
given  to  this  Confederacy,  which  has  no  concentered  authority, 
the  Diets  being  only  a  Congress  of  Delegates  from  some  or  all 
of  the  cantons,  and  having  no  fixt  objects  that  are  national. — 
Dictionnaire  de  Suisse. 

The  13  cantons  do,  not  make  one  Commonwealth  like  the 
United  Provinces,  but  are  so  many  independent  Common- 
wealths in  strict  alliance.  There  is  not  so  much  as  any  com- 
mon instrument  by  which  they  are  all  reciprocally  bound 
together.  The  3  primitive  cantons  alone  being  each  directly 
allied  to  the  other  twelve.  The  others,  in  many  instances,  are 
connected  indirectly*  only,  as  allies  of  allies.  In  this  mode, 

*  By  the  Convention  of  Stantz,  any  member  attacked  has  a  direct  claim  on  the 
succour  of  the  whole  confederacy. — Coxe,  p.  343. 


300  WORKS    OF    MADISON.  1787. 

any  one  canton  may  draw  in  all  the  others  to  make  a  common 
cause  in  its  defence. — Stanyan. 

The  confederacy  has  no  common  Treasury,  no  common  troops, 
no  common  coin,  no  common  Judicatory,  nor  any  other  common 
mark  of  sovereignty. — Id. 

The  General  Diet  cannot  terminate  any  interesting  affair 
without  special  instructions  and  powers,  and  the  deputies  ac- 
cordingly take  most  matters  proposed  ad  referendum. — Code 
de  1'Hum. 

The  Cantons  individually  exercise  the  right  of  sending  and 
receiving  ambassadors,  making  treaties,  coining  money,  pro- 
scribing the  money  of  one  another,  prohibiting  the  importation 
and  exportation  of  merchandise,  furnishing  troops  to  foreign 
States,  and  doing  everything  else  which  does  not  wound  the 
liberty  of  any  other  canton.  Excepting  a  few  cases  specified 
in  the  alliances,  and  which  directly  concern  the  object  of  the 
league,  no  canton  is  subject  to  the  Resolutions  of  the  plural- 
ity.—Id. 

The  only  establishment  truly  national  is  that  of  a  federal 
army,  as  regulated  in  1668,  and  which  is  no  more  than  an  even- 
tual plan  of  defence  adopted  among  so  many  allied  States. — Id. 

1.  The  league  consists  in  a  perpetual  defensive  engagement 
against  external  attacks  and  internal  troubles.     It  may  be  re- 
garded as  an  axiom  in  the  public  law  of  the  confederacy,  that 
the  federal  engagements  are  precedent  to  all  other  political 
engagements  of  the  cantons. — Id. 

2.  Another  axiom  is,  that  there  are  no  particular  or  common 
possessions  of  the  cantons  for  the  defence  of  which  the  others 
are  not  bound  as  Guarantees,  or  auxiliaries  of  Guarantees. — Id. 

3.  All  disputes  are  to  be  submitted  to  neutral  cantons,  who 
may  employ  force,  if  necessary,  in  execution  of  their  decrees. — 
Id.     Each  party  to  choose  4  Judges,  who  may,  in  case  of  dis- 
agreement, choose  umpire,  and  these,  under  oath  of  impartial- 
ity, to  pronounce  definitive  sentence,  which  all  cantons  are  to 
enforce. — D'Albon  and  Stanyan. 

4.  No  canton  ought  to  form  new  alliances  without  the  con- 
sent of  the  others ;  [this  was  stipulated  in  consequence  of  an 


1787.  NOTES    ON    CONFEDERACIES.  301 

improper  alliance  in  1442,  by  Zurich,  with  the  House  of  Aus- 
tria.]— Id. 

5.  It  is  an  essential  object  of  the  league  to  preserve  interior 
tranquillity  by  the  reciprocal  protection  of  the  form  of  Govern- 
ment established  in  each  Canton,  so  that  each  is  armed  with  the 
force  of  the  whole  corps  for  the  suppression  of  rebellions  and 
revolts,  and  the  history  of  Switzerland  affords  frequent  in- 
stances of  mutual  succors  for  these  purposes. — Diet"  de  Suisse. 

6.  The  Cantons  are  bound  not  to  give  shelter  to  fugitives 
from  Justice,  in  consequence  of  which  each  Canton  can  at  this 
day  banish  malefactors  from  all  the  territories  of  the  League. — 
Id. 

7.  Though  each  Canton  may  prohibit  the  exportation  and 
importation  of  merchandise,  it  must  allow  it  to  pass  through 
from  one  neighboring  Canton  to  another  without  any  augmen- 
tation of  the  tolls. — Code  de  1'Hum. 

8.  In  claiming  succours  against  foreign  powers,  the  8  Elder 
Cantons  have  a  more  extensive  right  than  the  5  junior  ones. 
The  former  may  demand  them  of  one  another  without  explain- 
ing the  motives  of  the  quarrel.     The  latter  cannot  intermeddle 
but  as  mediators  or  auxiliaries;  nor  can  they  commence  hostil- 
ities without  the  sanction  of  the  Confederates;  and  if  cited  by 
their  adversaries,  cannot  refuse  to  accept  the  other  Cantons  for 
arbiters  or  Judges. — Diet"  de  Suisse. 

9.  In  general,  each  Canton  is  to  pay  its  own  forces,  without 
compensation  from  the  whole,  or  the  succoured  party.     But  in 
case  a  siege  is  to  be  formed  for  the  benefit  of  a  particular  Can- 
ton, this  is  to  defray  the  expence  of  it,  and  if  for  the  common 
benefit,  each  is  to  pay  its  just  proportion. — D'Albon.     On  no 
pretext  is  a  Canton  to  be  forced  to  march  its  troops  out  of  the 
limits  of  Switzerland. — Stanyan. 

10.  Foreign  Ministers  from  different  Nations  reside  in  differ- 
ent Cantons.     Such  of  them  as  have  letters  of  credence  for  the 
whole  Confederacy  address  them  to  Zurich,  the  chief  Canton. 
The  Ambassador  of  France,  who  has  most  to  do  with  the  Con- 
federacy, is  complimented  at  his  quarters  by  deputies  from  the 
whole  body. 


302  WORKS    OF    MADISON.  1787. 

Vices  of  the  Constitution  . 

1.  Disparity  in  size  of  Cantons. 

2.  Different  principles  of  Government  in  different  Cantons. 

3.  Intolerance  in  Religion. 

4.  Weakness  of  the  Union.     The  common  bailages,  which 
served  as  a  cement,  sometimes  become  occasions  of  quarrels.  — 
Dictre  de  Suisse. 

In  a  treaty  in  1683  with  Victor  Amadceus,  of  Savoy,  it  is  stip- 
ulated that  he  shall  interpose  as  mediator  in  disputes  between 
the  Cantons,  and,  if  necessary,  use  force  against  the  party  re- 
fusing to  submit  to  the  sentence.  —  Dictre  de  Suisse.  A  striking 
proof  of  the  want  of  authority  in  the  whole  over  its  parts. 


Established  in  1679,  by  the  Treaty  called  the  Union  of 
Utrecht.  —  Code  de  I'Humanite. 

The  provinces  came  into  this  Union  slowly.  Guelderland, 
the  smallest  of  them,  made  many  difficulties.  Even  some  of  the 
Cities  and  Towns  pretended  to  annex  conditions  to  their  ac- 
ceding. —  Id. 

"When  the  Union  was  originally  established,  a  committee,  com- 
posed of  deputies  from  each  province,  was  appointed  to  regulate 
affairs,  and  to  convoke  the  provinces  according  to  article  XIX 
of  the  Treaty.  Out  of  this  Committee  grew  the  States  Gen- 
eral, (Id.,)  who,  strictly  speaking,  are  only  the  Representatives 
of  the  States  General,  who  amount  to  800  members.  —  Temple, 
p.  112. 

The  number  of  Deputies  to  the  States  General  from  each  prov- 
ince not  limited,  but  have  only  a  single  voice.  They  amount 
commonly,  altogether,  to  40  or  50.  They  hold  their  seats,  some 
for  life,  some  for  6,  3,  and  1  years,  and  those  of  Groningen  and 
Overyssel  during  pleasure.  They  are  paid,  but  very  moder- 
ately, by  their  respective  constituents,  and  are  amenable  to  their 
Tribunals  only.  —  Code  de  1'Hum.  No  military  man  is  depu- 
table  to  the  States  General.  —  Id. 

Ambassadors  of  Republic  have  session  and  deliberation,  but 
no  suffrage  in  States  Gen1.  —  Id.  The  grand  pensioner  of  Hol- 
land, as  ordinary  deputy  from  Holland,  attends  always  in  the 


1787.  NOTES    ON    CONFEDERACIES.  303 

States  General,  and  makes  the  propositions  of  that  province  to 
States  General. — Id. 

They  sit  constantly  at  the  Hague  since  1593,  and  every  day 
in  the  week  except  Saturday  and  Sunday.  The  States  of  Hol- 
land, in  granting  this  residence,  reserve,  by  way  of  protestation, 
the  rights,  the  honors,  and  prerogatives,  belonging  to  them  as 
sovereigns  of  the  province,  yiejding  the  States  General  only  a 
rank  in  certain  public  ceremonies. — Id. 

The  eldest  deputy  from  each  province  presides  for  a  week  by 
turns.  The  President  receives  letters,  &c.,  from  the  Ministers 
of  the  Republic  at  foreign  Courts,  and  of  foreign  Ministers  re- 
siding at  the  Hague,  as  well  as  of  all  petitions  presented  to  the 
Assembly;  all  which  he  causes  to  be  read  by  the  Secretary. — Id. 

The  Secretary,  besides  correcting  and  recording  the  Resolu- 
tions, prepares  and  despatches  instructions  to  Ministers  abroad, 
and  letters  to  foreign  powers.  He  assists,  also,  at  conferences 
held  with  foreign  Ministers,  and  there  gives  his  voice.  He  has  a 
deputy  when  there  is  not  a  second  Secretary.  The  agent  of  the 
States  General  is  charged  with  the  Archives,  and  is  also  em- 
ployed on  occasions  of  receiving  foreign  Ministers  or  sending 
Messages  to  them. — Id. 
Federal  Authority. 

The  avowed  objects  of  the  Treaty  of  Union:  1.  To  fortify 
the  Union.  2.  To  repel  the  common  enemy. — Id. 

The  Union  is  to  be  perpetual  in  the  same  manner  as  if  the 
Confederates  formed  one  province  only,  without  prejudice,  how- 
ever, to  the  privileges  and  rights  of  each  province  and  City. — 
Id. 

Differences  between  provinces  and  between  cities  are  to  be 
settled  by  the  ordinary  Judges,  by  arbitration,  by  amicable 
agreement,  without  the  interference  of  other  provinces,  other- 
wise than  by  way  of  accommodation.  The  Stadtholder  is  to 
decide  such  differences  in  the  last  resort. — Id. 

No  change  to  be  made  in  the  articles  of  Union  without  unan- 
imous consent  of  the  parties,  and  everything  done  contrary  to 
them  to  be  null  and  void. — Id. 
States  General. 


304  WORKS    OP    MADISON.  1787. 

1.  Execute,  without  consulting  their  constituents,  treaties  and 
alliances  already  formed. — Id. 

2.  Take  oaths  from  Generals  and  Governors,  and  appoint 
Field  Deputies. 

3.  The  collection  of  duties  on  imports  and  exports,  and  the 
expedition  of  safe  conducts,  are  in  their  name  and  by  their  offi- 
cers.— Id. 

4.  They  superintend  and  examine  accounts  of  the  E.  India 
Company. — Id. 

5.  Inspect  the  Mint,  appoint  les  Maitres  de  la  Monnoye,  fix 
la  taille  and  la  valeur  of  the  coin,  having  always  regard  to  the 
regular  rights  of  the  provinces  within  their  own  Territories. — 
Id. 

6.  Appoint  a  Treasurer  General  and  Receiver  General  of  the 
Quotas  furnished  by  the  provinces. — Id. 

7.  Elect,  out  of  a  double  nomination,  the  fiscal  and  other 
officers  within  the  departments  of  the  admiralties,  except  that 
the  High  officers  of  the  fleet  are  appointed  by  the  Admiral 
General,  to  whom  the  maritime   provinces  have  ceded   this 
right. — Id.     The  Navy,  supported  by  duties  on  foreign  trade, 
appropriated  thereto  by  the  maritime  provinces,  for  the  benefit 
of  the  whole  Republic. — Id. 

8.  They  govern  as  sovereigns  the  dependent  territories,  ac- 
cording to  the  several  capitulations. — Id. 

9.  They  form  Committees  of  their  own  body,  of  a  member 
from  each  deputation,  for  foreign  affairs,  finances,  marine,  and 
other  matters.     At  all  these  conferences  the  Grand  Pensioner 
of  Holland  and  the  secretary  of  the  States  General  attend,  and 
have  a  deciding  voice. — Id. 

10.  Appoint  and  receive  Ambassadors,  negociate  with  foreign 
powers,  deliberate  on  war,  peace,  alliances,  the  raising  forces, 
care  of  fortifications,  military  affairs  to  a  certain  degree,  the 
equipment  of  fleets,  building  of  ships,  directions  concerning 
money. — Id.     But  they  can  neither  make  peace,  nor  war,  nor 
truces,  nor  treaties,  nor  raise  troops,  nor  impose  taxes,  nor  do 
other  acts  requiring  unanimity,  without  consulting  and  obtain- 
ing the  sanction  of  the  Provinces. — Id.     Coining  money  also 


1787.  NOTES    ON    CONFEDERACIES.  305 

requires  unanimity  and  express  sanction  of  provinces. — Temple. 
Repealing  an  old  law  on  same  footing. — Burrish.  Batav.  illus- 
trata.  In  points  not  enumerated  in  this  article,  plurality  of 
voices  decides. — Code  de  1'Hum. 

11.  Composition  and  publication  of  edicts  and  proclamations 
relative  both  to  the  objects  expressed  in  the  articles  of  union  and 
to  the  measures  taken  for  the  common  good,  are  in  the  name 
of  the  States ;  and  altho'  they  are  addressed  to  the  States  of  the 
Provinces,  who  announce  them  with  their  sanction,  still  it  is  in 
the  name  of  the  States  General  that  obedience  is  required  of  all 
the  inhabitants  of  the  Provinces. — Code  de  1'Hum. 

The  Provinces  have  reserved  to  themselves — 

1.  Their  sovereignty  within  their  own  limits  in  general. — 
Code  de  1'Hum. 

2.  The  right  of  coining  money,  as  essential  to  sovereignty; 
but  agreed,  at  the  same  time,  that  the  money  which  should  be 
current  throughout  the  Republic  should  have  the  same  intrinsic 
value.    To  give  effect  to  which  regulation  a  mint  is  established 
at  the  Hague,  under  a  chamber  which  has  the  inspection  of  all 
money  struck,  either  in  name  of  States  General  or  particular 
provinces,  as  also  of  foreign  coin. — Id.     Coining  money  not  in 
provinces  or  cities,  but  in  the  generality  of  union,  by  common 
agreement. — Temple. 

3.  Every  province  raises  what  money  and  by  what  means  it 
pleases,  and  sends  its  quota  to  Receiver  General. — Temple. 

The  quotas  were  not  settled  without  great  difficulty. — Id. 

4.  The  naming  to  Governments  of  Towns  within  themselves; 
keeping  keys,  and  giving  word  to  Magistrates;  a  power  over 
troops  in  all  things  not  military;  conferring  Col",  commissions 
and  inferior  posts  in  such  Regiments  as  are  paid  by  the  prov- 
inces; respectively  taking  oath  of  fidelity;  concerning  a  revo- 
cation of  all  which  the  States  General  are  not  permitted  to 
deliberate. — Id. 

The  provinces  are  restricted — 

1.  From  entering  into  any  foreign  treaties  without  consent 
of  the  rest. — Code  de  1'Hum. 
VOL.  i.  20 


306  WORKS    OF    MADISON.  1787. 

2.  From  establishing  imposts  prejudicial  to  others  without 
general  consent. — Id. 

3.  From  charging  their  neighbors  with  higher  duties  than 
their  own  subjects. — Id. 

Council  of  State  composed  of  deputies  from  the  provinces, 
in  different  proportions.  3  of  them  are  for  life;  the  rest  gener- 
ally for  3  years ;  they  vote  per  capita. — Temple. 

They  are  subordinate  to  the  States  General,  who  frequently, 
however,  consult  with  them.  In  matters  of  war  which  require 
secrecy  they  act  of  themselves.  Military  and  fiscal  matters 
are  the  objects  of  their  administration. 

They  execute  the  Resolutions  of  the  States  General,  propose 
requisitions  of  men  and  money,  and  superintend  the  fortifica- 
tions, &c.,  and  the  affairs,  revenues,  and  Governments,  of  the 
conquered  possessions. — Temple. 

Chamber  of  Accounts  was  erected  for  the  ease  of  the  Council 
of  State.  It  is  subordinate  to  the  States  General;  is  composed 
of  two  deputies  from  each  province,  who  are  changed  trien- 
nially.  They  examine  and  state  all  accounts  of  the  several 
Receivers;  controul  and  register  orders  of  Council  of  State 
disposing  of  the  finances. — Id. 

College  of  Admiralty,  established  by  the  States  General, 
1597,  is  subdivided  into  five,  of  which  three  are  in  Holland, 
one  in  Zealand,  one  in  Friezland,  each  composed  of  seven  depu- 
ties, four  appointed  by  the  province  where  the  admiralty 
resides,  and  three  by  the  other  provinces.  The  vice  admiral 
presides  in  all  of  them  when  he  is  present. — Temple. 

They  take  final  cognizance  of  all  crimes  and  prizes  at  sea; 

of  all  frauds  in  customs;  provide 

quota  of  fleets  resolved  on  by  States  General;  appoint  Captains 
and  superior  officers  of  each  squadron;  take  final  cognizance, 
also,  of  civil  matters  within  600  florins,  an  appeal  lying  to 
States  General  for  matters  beyond  that  sum. — Code  de  1'Hum. 
and  Temple. 

The  authority  of  States  General  in  Admiralty  Department 
is  much  limited  by  the  influence  and  privileges  of  maritime  prov- 


1787.  NOTES    ON    CONFEDERACIES.  397 

inces,  and  the  jurisdiction  herein  is  full  of  confusion  and  contra- 
diction.— Code  de  I'Humanite. 

Stadtholder,  who  is  now  hereditary,  in  his  political  capacity 
is  authorized — 

1.  To  settle  differences  between  provinces,  provisionally,  till 
other  methods  can  be  agreed  on,  which  having  never  been,  this 
prerogative  may  be  deemed  a  permanent  one. — Code  de  PHum. 

2.  Assists  at  deliberations  of  States  General  and  their  par- 
ticular conferences;  recommends  and  influences  appointment  of 
Ambassadors. — Id. 

3.  Has  seat  and  suffrage  in  Council  of  State. — Id. 

4.  Presiding  in  the  provincial  Courts  of  Justice,  where  his 
name  is  prefixed  to  all  public  acts. — Id. 

5.  Supreme  Creator  of  most  of  the  Universities. — Id. 

6.  As  Stadtholder  of  the  provinces,  has  considerable  rights 
partaking  of  the  sovereignty;  as  appointing  town  magistrates, 
on  presentation  made  to  him  of  a  certain  number.     Executing 
provincial  decrees,  &c. — Id.  and  Mably;  Etud.  de  1'hist. 

7.  Gives  audiences  to  Ambassadors,  and  may  have  agents 
with  their  Sovereigns  for  his  private  affairs. — Mab.  Ibid. 

8.  Exercises  power  of  pardon. — Temple. 

In  his  Military  capacity  as  Captain  General — 

1.  Commands  forces;   directs  marches;   provides  for  garri- 
sons;  and,  in  general,   regulates  military  affairs. — Code  de 
I'Hum. 

2.  Disposes  of  all  appointments,  from  Ensigns  to  Col8.     The 
Council  of  State  having  surrendered  to  him  the  appointments 
within  their  disposal,  (Id.,)  and  the  States  General  appoint  the 
higher  grades  on  his  recommendation. — Id. 

3.  Disposes  of  the  Governments,  &c.,  of  the  fortified  towns, 
tho'  the  commissions  issue  from  the  States  General. — Id. 

In  his  Marine  capacity  as  Admiral  General — 

1.  Superintends  and  directs  everything  relative  to   naval 
forces  and  other  affairs  within  Admiralty. — Id. 

2.  Presides  in  the  admiralties  in  person  or  by  proxy. — Id. 

3.  Appoints  Lieu*.  Admirals  and  officers  under  them. — Id. 

4.  Establishes  Councils  of  war,  whose  sentences  are  in  the 


308  WORKS    OF    MADISON.  1787. 

name  of  the  States  General  and  his  Highness,  and  are  not  exe- 
cuted till  he  approves. — Id. 

The  Stadtholder  has  a  general  and  secret  influence  on  the 
great  machine  which  cannot  be  defined. — Id. 

His  revenue  from  appointments  amounts  to  300,000  florins, 
to  which  is  to  be  added  his  extensive  patrimonies. — Id. 

The  standing  army  of  the  Republic,  40,000  men. 
Vices  i)f  the  Constitution. 

The  Union  of  Utrecht  imports  an  authority  in  the  States  Gen- 
eral seemingly  sufficient  to  secure  harmony;  but  the  jealousy  in 
each  province  of  its  sovereignty  renders  the  practice  very  dif- 
ferent from  the  Theory. — Code  de  1'Hum. 

It  is  clear  that  the  delay  occasioned  by  recurring  to  seven 
independent  provinces,  including  about  52  voting  Cities,  &c.,  is 
a  vice  in  the  Belgic  Republic  which  exposes  it  to  the  most  fatal 
inconveniences.  Accordingly,  the  fathers  of  their  country  have 
endeavored  to  remedy  it,  in  the  extraordinary  assemblies  of  the 
States  General  in  1584,  in  1651,  1716,  1717,  but,  unhappily, 
without  effect.  This  vice  is,  notwithstanding,  deplorable. — Id. 
Among  other  evils,  it  gives  foreign  Ministers  the  means  of  ar- 
resting the  most  important  deliberations  by  gaining  a  single 
Province  or  City.  This  was  done  by  France  in  1726,  when  the 
Treaty  of  Hanover  was  delayed  a  whole  year.  In  1688  the 
States  concluded  a  Treaty  of  themselves,  but  at  the  risk  of  their 
heads. — Id.  It  is  the  practice,  also,  in  matters  of  contribution 
or  subsidy,  to  pass  over  this  article  of  the  Union;  for  where 
delay  would  be  dangerous,  the  consenting  provinces  furnish 
their  quotas  without  waiting  for  the  others;  but  by  such  means 
the  Union  is  weakened,  and,  if  often  repeated,  must  be  dis- 
solved.— Id. 

Foreign  Ministers  elude  matters  taken  ad  referendum,  by  tam- 
pering with  the  Provinces  and  Cities. — Temple,  p.  116. 

Treaty  of  Union  obliges  each  Province  to  levy  certain  con- 
tributions. But  this  article  never  could  and  probably  never 
will  be  executed,  because  the  inland  provinces,  who  have  little 
commerce,  cannot  pay  an  equal  Quota. — Burrish.  Bat.  illustrat. 


1787.  NOTES    ON    CONFEDERACIES.  309 

Deputations  from  agreeing  to  disagreeing  Provinces  fre- 
quent.— Tern. 

It  is  certain  that  so  many  independent  corps  and  interests 
could  not  be  kept  together  without  such  a  center  of  union  as 
the  Stadtholdership,  as  has  been  allowed  and  repeated  in  so 
many  solemn  acts. — Code  de  FHum. 

In  the  intermission  of  the  Stadtholdership,  Holland,  by  her 
riches  and  authority,  which  drew  the  others  into  a  sort  of  de- 
pendence, supplied  the  place. — Temple. 

With  such  a  Government  the  Union  never  could  have  sub- 
sisted, if,  in  effect,  the  provinces  had  not  within  themselves  a 
spring  capable  of  quickening  their  tardiness  and  impelling  them 
to  the  same  way  of  thinking.  This  spring  is  the  Stadtholder. 
His  prerogatives  are  immense — 1,  &c.,  <fec.  A  strange  effect  of 
human  contradictions.  Men  too  jealous  to  confide  their  liberty 
to  their  representatives,  who  are  their  equals,  abandoned  it  to 
a  Prince,  who  might  the  more  easily  abuse  it,  as  the  affairs  of 
the  Republic  were  important,  and  had  not  then  fixed  them- 
selves.—Mably  Etude  D'Hist.,  205—6. 

Grotius  has  said  that  the  hatred  of  his  countrymen  against 
the  House  of  Austria  kept  them  from  being  destroyed  by  the 
vices  of  their  Constitution. — Ibid. 

The  difficulty  of  procuring  unanimity  has  produced  a  breach 
of  fundamentals  in  several  instances.  Treaty  of  Westphalia  was 
concluded  without  consent  of  Zealand,  &c. — D'Albon  and  Tem- 
ple. These  tend  to  alter  the  constitution. — D'Albon. 

It  appears  by  several  articles  of  the  Union  that  the  confede- 
rates had  formed  the  design  of  establishing  a  General  tax,  [Im- 
pot,]  to  be  administered  by  the  States  Gen1.  But  this  design,  so 
proper  for  bracing  this  happy  Union,  has  not  been  executed. — 
Code  de  1'Hum. 

Germanic  Confederacy  took  its  present  form  in  the  year 
. — Code  de  FHum. 

The  Diet  is  to  be  convoked  by  the  Emperor,  or,  on  his  failure, 
by  the  Archbishop  of  Mentz,  with  consent  of  Electors,  once  in 
ten  years  at  least  from  the  last  adjournment,  and  six  months 


310  WORKS    OF    MADISON.  1737. 

before  the  time  of  meeting.  Ratisbon  is  the  seat  of  the  Diet 
since  1663. 

The  members  amount  to  285,  and  compose  three  colleges,  to 
wit:  that  of  the  Electors,  of  Princes,  of  Imperial  Cities.  The 
voices  amount  to  159,  of  which  153  are  individual  and  6  col- 
lective. The  latter  are  particular  to  the  College  of  Princes,  and 
are  formed  out  of  39  prelates,  <fcc.,  and  93  Counts,  £c.  The 
individual  voices  are  common  to  the  three  Colleges,  and  are 
given  by  9  Electors;  94  Princes,  33  of  the  ecclesiastical  and  61 
of  the  secular  Bench;  and  50  Imperial  Cities,  13  of  the  Rhenish, 
and  37  of  the  Suabian  Bench.  The  King  of  Prussia  has  nine 
voices,  in  as  many  different  capacities. — Id. 

The  three  Colleges  assemble  in  the  same  House,  but  in  differ- 
ent apartments. — Id. 

The  Emperor,  as  head  of  the  Germanic  body,  is  President  of 
the  Diet.  He  and  others  are  represented  by  proxies  at  pres- 
ent.—Id. 

The  deliberations  are  grounded  on  propositions  from  Emper- 
or, and  commence  in  the  College  of  Electors,  from  whence  they 
pass  to  that  of  the  Princes,  and  thence  to  that  of  the  Imperial 
Cities.  They  are  not  resolutions  till  they  have  been  passed  in 
each.  "When  the  Electors  and  Princes  cannot  agree,  they  con- 
fer; but  do  not  confer  with  the  Imperial  Cities.  Plurality  of 
voices  decide  in  each  College,  except  in  matters  of  Religion  and 
a  few  reserved  cases,  in  which,  according  to  the  Treaty  of  West- 
phalia and  the  Imperial  Capitulations,  the  Empire  is  divided 
into  the  Catholic  and  Evangelic  Corps. — Id. 

After  the  Resolutions  have  passed  the  three  Colleges  they 
are  presented  to  the  Representative  of  the  Emperor,  without 
whose  ratification  they  are  null. — Id.  They  are  called  placita 
after  passing  the  three  Colleges;  conclusa,  after  ratification  by 
Emperor. — Id. 

The  collection  of  acts  of  one  Diet  is  called  the  Recess,  which 
cannot  be  made  up  and  have  the  force  of  law  till  the  close  of 
the  Diet.  The  subsisting  diet  has  not  been  closed  for  more  than 
a  hundred  years;  of  course  it  has  furnished  no  effective  Resolu- 


1787.  NOTES    ON    CONFEDERACIES.  3H 

tion,  though  a  great  number  of  interesting  ones  have  passed. 
This  delay  proceeds  from  the  Imperial  Court,  who  refuse  to 
grant  a  recess,  notwithstanding  the  frequent  and  pressing  ap- 
plications made  for  one. — Id. 
Federal  Authority. 

The  powers  as  well  as  the  organization  of  the  Diet  have 
varied  at  different  times.  Antiently  it  elected  as  a  corps  the 
Emperors,  and  judged  of  their  conduct.  The  Golden  Bull  gives 
this  right  to  the  Electors  alone.  Antiently  it  regulated  tolls; 
at  present  the  Electors  alone  do  this. — Id. 

The  Treaty  of  Westphalia  and  the  capitulations  of  the  Em- 
perors, from  Charles  V  downwards,  define  the  present  powers 
of  the  Diet.  These  concern — 1.  Legislation  of  the  Empire.  2. 
War  and  peace,  and  Alliances.  3.  Raising  troops.  4.  Contri- 
butions. 5.  Construction  of  fortresses.  6.  Money.  7.  Ban  of 
the  Empire.  8.  Admission  of  new  princes.  9.  The  Supreme 
tribunals.  10.  Disposition  of  grand  fiefs  and  grand  charges. 
In  all  these  points  the  Emperor  and  Diet  must  concur. — Id. 

The  Ban  of  the  Empire  is  a  sort  of  proscription,  by  which  the 
disturbers  of  the  public  peace  are  punished.  The  offender's  life 
and  goods  are  at  the  mercy  of  every  one;  formerly,  the  Empe- 
rors themselves  pronounced  the  ban  against  those  who  offended 
them.  It  has  been  since  regulated  that  no  one  shall  be  exposed 
to  the  ban  without  the  examination  and  consent  of  the  Diet. — 
Encyclop. 

By  the  Ban  the  party  is  outlawed,  degraded  from  all  his  fed- 
eral rights,  his  subjects  absolved  from  their  allegiance,  and  his 
possessions  forfeited. — Code  de  1'Hum. 

The  Ban  is  incurred  when  the  Emperor  or  one  of  the  supreme 
Tribunals  address  an  order  to  any  one,  on  pain,  in  case  of  dis- 
obedience, of  being  proscribed  ipso  facto. — Id. 

The  Circles,  formerly,  were  in  number  six  only.  There  are 
now  ten.  They  were  instituted  for  the  more  effectual  preserva- 
tion of  the  public  peace,  and  the  execution  of  decrees  of  Diet 
and  supreme  Tribunals  against  contumacious  members,  for  which 
purposes  they  have  their  particular  diets,  with  the  chief  Prince 
of  the  circle  at  their  head,  have  particular  officers  for  command- 


312  WORKS    OF    MADISON.  1787. 

ing  the  forces  of  the  Circle,  levy  contributions,  see  that  justice 
is  duly  administered,  that  the  coin  is  not  debased,  that  the  cus- 
toms are  not  unduly  raised. — Savage,  vol.  2,  p.  35. 

If  a  circle  fail  to  send  its  due  succours,  it  is  to  pay  damages 
suffered  therefrom  to  its  neighbours.  If  a  member  of  the  circle 
refuse,  the  Col.  of  the  circle  is  to  admonish;  and  if  this  be  in- 
sufficient, the  delinquent  party  is  to  be  compelled  under  a  sen- 
tence from  the  Imperial  Chamber. — Id. 

Imperial  Chamber,  established  in  1495  by  the  Diet,  as  a  means 
of  public  peace,  by  deciding  controversies  between  members  of 
the  Empire. — Code  de  1'Hum. 

This  is  the  first  Tribunal  of  the  Empire.  It  has  an  appellate 
jurisdiction  in  all  Civil  and  fiscal  causes,  or  where  the  public 
peace  may  be  concerned.  It  has  a  concurrent  jurisdiction  with 
the  Aulic  Council,  and  causes  cannot  be  removed  from  one  to 
the  other. — Id. 

The  Judges  of  this  Tribunal  are  appointed  partly  by  the  Em- 
peror, partly  by  Electors,  partly  by  circles;  are  supported  by 
all  the  States  of  the  Empire,  excepting  the  Emperor.  They  are 
badly  paid,  though  great  salaries  are  annexed  to  their  offices. — 
Id. 

In  every  action,  real  or  personal,  The  Diet,  Imperial  Cham- 
ber, and  Aulic  Council,  are  so  many  supreme  Courts,  to  which 
none  of  the  States  can  demur.  The  jurisprudence  by  which 
they  govern  themselves  are,  according  to  the  subject-matter: 
1.  The  provincial  laws  of  Germany.  2.  The  Scripture.  3. 
The  law  of  nature.  4.  Law  of  Nations.  5.  The  Roman  law. 
6.  The  canon  law.  7.  The  fcedal  law  of  the  Lombards. — Id. 

Members  of  Diet,  as  such,  are  subject  in  all  public  affairs  to  be 
judged  by  Emperor  and  Diet;  as  individuals  in  private  capacity, 
are  subject  to  Aulic  Council  and  Imperial  Chamber. — Id. 

The  members  have  reserved  to  themselves  the  right — 1.  To 
enter  into  war  and  peace  with  foreign  powers.  2.  To  enter 
into  alliances  with  foreign  powers  and  with  one  another,  not 
prejudicial  to  their  engagements  to  the  Empire. — Code  de 
1'Hum.  3.  To  make  laws,  levy  taxes,  raise  troops,  to  deter- 
mine on  life  and  death. — Savage.  4.  Coin  money. — Id.  5. 


1787.  NOTES    ON    CONFEDERACIES.  313 

Exert  territorial  sovereignty  within  their  limits  in  their  own 
name. — Code  de  FHum.  6.  To  grant  pardons. — Savage,  p.  44. 
7.  To  furnish  their  quotas  of  troops,  equipped,  mounted,  and 
armed,  and  to  provide  for  sustenance  of  them,  as  if  they  served 
at  home. — Code  de  1'Hum. 

Aulic  Council,  [established  by  Diet  in  1512. — Encyclop.,] 
composed  of  members  appointed  by  the  Emperor.— uode'de 
1'Hum. 

Its  cognizance  is  restrained  to  matters  above  2,000  crowns; 
is  concurrent  with  the  jurisdiction  of  the  Imperial  Chamber  in 
controversies  between  the  States;  also,  in  those  of  subjects  of 
the  Empire  by  way  of  appeal  from  subaltern  Tribunals  of  the 
Empire,  and  from  sovereign  Tribunals  of  Princes. — Id.  Arms 
are  to  be  used  for  carrying  its  decrees  into  execution,  as  was 
done  in  1718  by  the  troops  of  the  Circle  of  upper  Rhine,  in  a 
controversy  between  Landgrave  of  Hesse  Cassel  and  Prince  of 
Hesse  of  Rhinfitz. — Id. 

Members  of  Empire  restricted — 

1.  From  entering  into  Confederacies  prejudicial  to  the  Em- 
pire. 

2.  From  laying  tolls  or  customs  upon  bridges,  rivers,  or  pass- 
ages, to  which  strangers  are  subject,  without  consent  of  the 
Emperor  in  full  diet. 

3.  Cannot  give  any  other  value  to  money,  nor  make  any 
other  kind  of  money,  than  what  is  allowed  by  the  Empire. — 
Savage,  vol.  2,  p.  45. 

4.  (By  edict  of  1548,  particularly,)  from  taking  arms  one 
against  another;  from  doing  themselves  justice;  from  affording 
retreat,  much  more  assistance,  to  infractors  of  the  public  peace; 
the  ban  of  the  Empire  being  denounced 'against  the  transgress- 
ors of  these  prohibitions,  besides  a  fine  of  2,000  marks  of  Gold 
and  loss  of  regalities. — Code  d'Hum. 

Emperor  has  the  prerogative — 1.  Of  exclusively  making 
propositions  to  the  Diet.  2.  Presiding  in  all  Assemblies  and 
Tribunals  o*.  the  Empire  when  he  chooses.  3.  Of  giving  suf- 
frage in  all  affairs  treated  in  the  Diet.  4.  Of  negativing  their 
resolutions.  5.  Of  issuing  them  in  his  own  name.  6.  Of  watch- 


314  WORKS    OF    MADISON.  1737. 

ing  over  the  safety  of  the  Empire.  7.  Of  naming  Ambassadors 
to  negociate  within  the  Empire,  as  well  as  at  foreign  Courts, 
affairs  concerning  the  Germanic  Corps.  8.  Of  re-establishing 
in  good  fame  persons  dishonored  by  Council  of  war  and  civil 
Tribunals. — Code  d'Hum.  9.  Of  giving  investiture  of  the  prin- 
cipal immediate  fiefs  of  the  Empire;  which  is  no,t,  indeed,  of  much 
consequence.  10.  Of  conferring  vacant  electorates.  11.  Of 
preventing  subjects  from  being  withdrawn  from  the  jurisdiction 
of  their  proper  judge.  12.  Of  conferring  charges  of  the  Em- 
pire. 13.  Of  conferring  dignities  and  titles,  as  of  Kings,  &c. 
14.  Of  instituting  military  orders.  15.  Of  granting  the  der- 
nier resort.  16.  Of  judging  differences  and  controversies 
touching  tolls.  17.  Of  deciding  contests  between  Catholic  and 
Protestant  States,  touching  precedence,  &c. — Id.  18.  Of  found- 
ing Universities  within  the  lands  of  the  States,  so  far  as  to  make 
the  person  endowed  with  Academic  honors  therein  be  regarded 
as  such  throughout  Germany.  19.  Of  granting  all  sorts  of 
privileges  not  injurious  to  the  States  of  the  Empire.  20.  Of 
establishing  great  fairs.  21.  Of  receiving  the  droit  des  Postes 
generales.  22.  Of  striking  money,  but  without  augmenting  or 
diminishing  its  value.  23.  Of  permitting  strangers  to  enlist 
soldiers,  conformably  to  Recess  of  1654. — Id.  24.  Of  receiv- 
ing and  applying  Revenues  of  Empire. — Savage,  p.  .  He 
cannot  make  war  or  peace,  nor  laws,  nor  levy  taxes,  nor  alter 
the  denomination  of  money,  nor  weights  or  measures. — Savage, 
v.  2,  p.  35.  The  Emperor,  as  such,  does  not  properly  possess 
any  territory  within  the  Empire,  nor  derive  any  revenue  for 
his  support. — Code  de  1'Hum. 
Vices  of  the  Constitution. 

1.  Tne  Quotas  are  complained  of,  and  supplied  very  irregu- 
larly and  defectively. — Code  de  FHum.     Provision  is  made  by 
decree  of  diet  for  enforcing  them,  but  it  is  a  delicate  matter  to 
execute  it  against  the  powerful  members. — Id. 

2.  The  establishment  of  the  Imperial  Chamber  has  not  been 
found  an  efficacious  remedy  against  civil  wars.    It  has  com- 
mitted faults.   The  Ressortissans  have  not  always  been  docile. — 
Id. 


1787  LETTERS.  315 

3.  Altho'  the  establishment  of  Imperial  Chambers,  &c.,  give 
a  more  regular  form  to  the  police  of  the  fiefs,  it  is  not  to  be 
supposed  they  are  capable  of  giving  a  certain  force  to  the  laws 
and  maintaining  the  peace  of  the  Empire,  if  the  House  of  Aus- 
tria had  not  acquired  power  enough  to  maintain  itself  on  the 
Imperial  Throne,  to  make  itself  respected,  and  to  give  orders 
which  it  might  be  imprudent  to  despise,  as  the  laws  were  there- 
fore despised. — Mably  Etude  de  hist.,  p.  130. 

[Jealousy  of  the  Imperial  authority  seems  to  have  been  a 
great  cement  of  the  Confederacy.] 


TO  JAMES  MONKOE. 

NEW  YORK,  April  19th,  1787. 

DEAE  Sm, — No  definitive  steps  are  yet  taken  for  the  trans- 
portation of  your  furniture.  I  fear  we  shall  be  obliged  to  make 
use  of  a  conveyance  to  Norfolk  as  soon  as  one  shall  offer.  I 
have  examined  the  workmanship  of  the  man  in  Chappel  street. 
The  face  of  it  is  certainly  superior  to  that  of  your  workman. 
Whether  it  may  prove  much  so  for  substantial  purposes,  I  do  not 
undertake  to  say.  Should  Mrs.  Monroe  not  be  pleased  with  the 
articles,  I  would  recommend  that  you  dispose  of  them,  which 
may  be  done,  probably,  without  loss,  and  send  us  a  commission 
to  replace  them.  I  think  we  could  please  you  both,  and  on  terms 
not  dearer  than  that  of  your  purchase.  We  learn  nothing  yet 
of  a  remittance  from  S.  Carolina. 

The  business  of  the  Mississippi  will,  I  think,  come  to  a  point 
in  a  few  days.  You  shall  know  the  result  in  due  time. 

A  motion  was  lately  made  to  remove  shortly  to  Philadelphia; 
six  States  would  have  been  for  it.  Rhode  Island  was  so  at  first, 
and  would  have  been  a  seventh.  One  of  the  delegation  was 
overpowered  by  exertions  of  his  Eastern  brethren.  I  need  not 
rehearse  to  you  the  considerations  which  operated  on  both  sides. 
Your  conjectures  will  not  mistake  them.  My  own  opinion  is, 
that  there  are  strong  objections  against  the  moment,  [move- 
ment?] objections  which  nothing  would  supersede  but  the  dim"- 


316  WORKS    OF    MADISON.  178T. 

culty  of  bringing  the  sense  of  the  Union  to  an  efficient  vote 
in  Congress,  and  the  danger  of  losing  altogether  a  proper 
measure  by  waiting  for  a  proper  time.  A  middle  way  would 
have  been  my  choice;  that  is,  to  fix  Philadelphia  for  the  meet- 
ing of  the  ensuing  Congress,  and  to  remain  here  in  the  mean 
time.  This  would  have  given  time  for  all  preliminary  arrange- 
ments, would  have  steered  clear  of  the  Convention,  and,  by  se- 
lecting a  natural  period  for  the  event,  and  transferring  the 
operation  of  it  to  our  successors  in  office,  all  insinuations  of 
suddenness,  and  of  personal  views,  would  have  been  repelled. 

I  hear  with  great  pleasure  that  you  are  to  aid  the  delibera- 
tions of  the  next  Assembly,  and  with  much  concern  that  paper 
money  will  probably  be  among  the  bad  measures  which  you  will 
have  to  battle.  Wishing  you  success  in  this  and  all  your  other 
labours  for  the  public  and  for  yourself,  I  remain,  with  best  re- 
spects to  Mrs.  Monroe, 

Yours  affectionately. 


TO  EDMUND   PENDLETON. 

NEW  YORK,  April  22nd,  1787. 

MY  DEAR  SIR, — The  period  since  my  last  has  afforded  such 
scanty  materials  for  a  letter,  that  I  have  postponed  it  till  I  have 
now  to  thank  you  for  yours  of  the  7th  instant,  which  came  to 
hand  two  days  ago.  I  always  feel  pleasure  in  hearing  from  you, 
but  particularly  when  my  concern  for  your  doubtful  health  is  re- 
lieved by  such  an  evidence  in  its  favor.  At  the  same  time,  I 
must  repeat  my  wishes  to  forego  this  pleasure  whenever  it  may 
interfere  with  the  attention  which  you  owe  to  your  ease,  your 
business,  or  your  other  friends. 

I  do  not  learn  that  any  symptoms  yet  appear  of  a  return  of 
the  insurgent  spirit  in  Massachusetts.  On  the  contrary,  it  is 
said  that  the  malcontents  are  trying  their  strength  in  a  more 
regular  form.  This  is  the  crisis  of  their  elections;  and  if  they 
can  muster  sufficient  numbers,  their  wicked  measures  are  to  be 


1787.  LETTERS.  317 

sheltered  under  the  forms  of  the  Constitution.  How  far  their 
influence  may  predominate  in  the  current  appointments  is  un- 
certain; but  it  is  pretty  certain  that  a  great  change  in  the  ru- 
lers of  that  State  is  taking  place,  and  that  a  paper  emission,  if 
nothing  worse,  is  strongly  apprehended.  Governor  Bowdoin 
is  already  displaced  in  favor  of  Mr.  Hancock,  whose  acknowl- 
edged merits  are  not  a  little  tainted  by  an  obsequiousness  to 
popular  follies.  A  great  change  has  also  taken  place  in  the 
Senate,  and  a  still  greater  is  prognosticated  in  the  other  branch 
of  the  Legislature. 

We  are  flattered  with  the  prospect  of  a  pretty  full  and  very 
respectable  meeting  in  next  month.  All  the  States  have  made 
appointments,  except  Connecticut,  Maryland,  and  Rhode  Island. 
The  last  has  refused.  Maryland  will  certainly  concur.  The 
temper  of  Connecticut  is  equivocal.  The  turn  of  her  elections, 
which  are  now  going  on,  is  said  to  be  rather  unpropitious.  The 
absence  of  one  or  two  States,  however,  will  not  materially  affect 
the  deliberations  of  the  Convention.  Disagreement  in  opinion 
among  the  present  is  much  more  likely  to  embarrass  us.  The 
nearer  the  crisis  approaches,  the  more  I  tremble  for  the  issue. 
The  necessity  of  gaining  the  concurrence  of  the  Convention  in 
some  system  that  will  answer  the  purpose,  the  subsequent  ap- 
probation of  Congress,  and  the  final  sanction  of  the  States,  pre- 
sent a  series  of  chances  which  would  inspire  despair  in  any 
case  where  the  alternative  was  less  formidable.  The  difficulty, 
too,  is  not  a  little  increased  by  the  necessity  which  will  be  pro- 
duced, by  encroachments  on  the  State  Constitutions,  of  obtain- 
ing not  merely  the  assent  of  the  Legislatures,  but  the  ratifica- 
tion of  the  people  themselves.  Indeed,  if  such  encroachments 
could  be  avoided,  a  higher  sanction  than  the  Legislative  au- 
thority would  be  necessary  to  render  the  laws  of  the  Confed- 
eracy paramount  to  the  acts  of  its  members. 

I  inclose  a  late  act  of  Congress,  which  will  shew  you  the  light 
in  which  they  view  and  inculcate  a  compliance  with  the  Treaty 
of  peace.  We  were  not  unaware  of  the  bitterness  of  the  pill  to 
many  of  our  countrymen,  but  national  considerations  overruled 
that  objection.  An  investigation  of  the  subject  had  proved  that 


318  WORKS    OF    MADISON.  1787. 

the  violations  on  our  part  were  not  only  most  numerous  and 
important,  but  were  of  earliest  date.  And  the  assurances  on 
the  other  part  are  explicit,  that  a  reparation  of  our  wrongful 
measures  shall  be  followed  by  an  immediate  and  faithful  execu- 
tion of  the  Treaty  by  Great  Britain. 

Congress  are  at  present  deliberating  on  the  most  proper  plan 
for  disposing  of  the  Western  land's,  and  providing  a  criminal 
and  civil  administration  for  the  Western  settlements  beyond 
the  Ohio.  The  latter  subject  involves  great  difficulties.  On 
the  former,  also,  opinions  are  various.  Between  6  and  700,000 
acres  have  been  surveyed  in  Townships,  and  are  to  be  sold  as 
soon  as  they  shall  be  duly  advertised.  The  sale  was  at  first  to 
have  been  distributed  throughout  the  States.  This  plan  is  now 
exchanged  for  the  opposite  extreme.  The  sale  is  to  be  made 
where  Congress  sit.  Unquestionably,  reference  ought  to  have 
been  had,  in  fixing  on  the  place,  either  to  the  center  of  the 
Union  or  to  the  proximity  of  the  premises.  In  providing  for 
the  unsurveyed  lands,  the  difficulty  arises  from  the  Eastern  at- 
tachment to  townships,  and  the  Southern,  to  indiscriminate 
locations.  A  copper  coinage  was  agreed  on  yesterday,  to  the 
amount  of  upwards  of  two  hundred  thousand  dollars;  15  per 
cent,  is  to  be  drawn  into  the  federal  Treasury  from  this  opera- 
tion. 

Our  affair  with  Spain  is  on  a  very  delicate  footing.  It  is  not 
easy  to  say  what  precise  steps  would  be  most  proper  to  be  taken 
on  our  side,  and  extremely  difficult  to  say  what  will  be  actually 
taken.  Many  circumstances  threaten  an  Indian  war,  but  the 
certainty  of  it  is  not  established.  A  British  officer  was  lately 
here  from  Canada,  as  has  been  propagated,  but  not  on  a  mission 
to  Congress.  His  business  was  unknown,  if  he  had  any  that 
was  important. 

I  am  extremely  concerned,  though  not  much  surprised,  at  the 
danger  of  a  paper  emission  in  Virginia.  If  Mr.  Henry  should 
erect  the  standard,  he  will  certainly  be  joined  by  sufficient  force 
to  accomplish  it.  Remorse  and  shame  are  but  too  feeble  re- 
straints on  interested  individuals  against  unjust  measures,  and 
are  rarely  felt  at  all  by  interested  multitudes. 


1787.  LETTERS.  319 

TO  THOMAS  JEFFERSON. 

April  23d,  1787. 

DEAR  SIR, — The  vigorous  measures  finally  pursued  by  the 
Government  of  Massachusetts  against  the  insurgents  had  the 
intended  effect  of  dispersing  them.  By  some  it  was  feared  that 
they  would  re-embody  on  the  return  of  favorable  weather.  As 
yet,  no  symptom  of  such  a  design  has  appeared.  It  would  seem 
that  they  mean  to  try  their  strength  in  another  way ;  that  is, 
by  endeavoring  to  give  the  elections  such  a  turn  as  may  pro- 
mote their  views  under  the  auspices  of  Constitutional  forms. 
How  far  they  may  succeed  is  not  yet  reducible  to.  certainty. 
That  a  great  change  will  be  effected  in  the  component  members 
of  the  Government  is  certain,  but  the  degree  of  influence  im- 
putable  to  the  malcontents  cannot  be  well  known  till  some 
specimen  shall  be  given  of  the  temper  of  the  new  rulers.  A 
great  proportion  of  the  Senate  is  changed,  and  a  greater  pro- 
portion of  the  other  branch  it  is  expected  will  be  changed.  A 
paper  emission,  at  least,  is  apprehended  from  this  revolution  in 
their  councils. 

Considerable  changes  are  taking  place,  I  hear,  in  the  County 
elections  in  Virginia,  and  a  strong  itch  beginning  to  return  for 
paper  money.  Mr.  Henry  is  said  to  have  the  measure  in  con- 
templation, and  to  be  laying  his  train  for  it  already.  He  will, 
however,  be  powerfully  opposed  by  Col.  Mason,  if  he  should  be 
elected  and  be  able  to  serve ;  by  Monroe,  Marshall,  and  Lud- 
well  Lee,  (son  of  R.  H.  Lee,)  who  are  already  elected ;  and 
sundry  others  of  inferior  rank.  Mr.  Harrison,  the  late  Gov- 
ernor, has  so  far  regained  the  favor  of  Charles  City  as  to  be  re- 
instated a  representative.  The  part  which  he  will  take  is  un- 
certain. From  his  repeated  declarations  he  ought  to  be  adverse 
to  a  paper  emission. 


320  WORKS    OF    MADISON.  1787. 

Notes  on  the  Confederacy. — April,  1787. 

Vices  of  the  Political  Oh<5Pr rations  hv  T   M 

system  of  the  U.  States.  Dy  J .  M. 

l. Faiiureof  thestates  l-  ™s  evil  has  been so  ful1^  experienced 
to  comply  with  the  Con-  both  during  the  war  and  since  the  peace, 
stitutional  requisitions.  ^^  g()  naturally  frQm  the  number  and 

independent  authority  of  the  States,  and  has  been  so  uniformly 
exemplified  in  every  similar  Confederacy,  that  it  may  be  con- 
sidered as  not  less  radically  and  permanently  inherent  in,  than 
it  is  fatal  to  the  object  of,  the  present  system. 

2.  Encroachments  by        2'  Examples  of  this  are  numerous,  and 
the  States  on  the  federal    repetitions  may  be  foreseen  in  almost  every 

case  where  any  favorite  object  of  a  State 
shall  present  a  temptation.  Among  these  examples  are  the 
wars  and  treaties  of  Georgia  with  the  Indians,  the  unlicensed 
compacts  between  Virginia  and  Maryland,  and  between  Penn- 
sylvania and  New  Jersey,  the  troops  raised  and  to  be  kept  up 
by  Massachusetts. 

3.  Violations  of  the        3'  From  the  number  of  Legislatures,  the 
law  of  nations  and  of    sphere  of  life  from  which  most  of  their 

members  are  taken,  and  the  circumstances 
under  which  their  legislative  business  is  carried  on,  irregulari- 
ties of  this  kind  must  frequently  happen.  Accordingly,  not  a 
year  has  passed  without  instances  of  them  in  some  one  or  other 
of  the  States.  The  Treaty  of  Peace,  the  treaty  with  France, 
the  treaty  with  Holland,  have  each  been  violated.  [See  the 
complaints  to  Congress  on  these  subjects.]  The  causes  of  these 
irregularities  must  necessarily  produce  frequent  violations  of 
the  law  of  nations  in  other  respects. 

As  yet,  foreign  powers  have  not  been  rigorous  in  animad- 
verting on  us.  This  moderation,  however,  cannot  be  mistaken 
for  a  permanent  partiality  to  our  faults,  or  a  permanent  security 
against  those  disputes  with  other  nations,  which,  being  among 
the  greatest  of  public  calamities,  it  ought  to  be  least  in  the 
power  of  any  part  of  the  community  to  bring  on  the  whole. 


1787.  NOTES    ON    THE    CONFEDERACY.  321 

4.  Trespass  of  the        4*  These  are  alarming  symptoms,  and 
States  on  the  rights  of    may  be  daily  apprehended,  as  we  are  ad- 
monished by  daily  experience.     See  the 

law  of  Virginia  restricting  foreign  vessels  to  certain  ports;  of 
Maryland  in  favor  of  vessels  belonging  to  her  own  citizens;  of 
N.  York  in  favor  of  the  same. 

Paper  money,  instalments  of  debts,  occlusion  of  courts,  making 
property  a  legal  tender,  may  likewise  be  deemed  aggressions 
on  the  rights  of  other  States.  As  the  citizens  of  every  State, 
aggregately  taken,  stand  more  or  less  in  the  relation  of  cred- 
itors or  debtors  to  the  citizens  of  every  other  State,  acts  of  the 
debtor  State  in  favor  of  debtors  affect  the  creditor  State  in  the 
same  manner  as  they  do  its  own  citizens,  who  are,  relatively, 
creditors  towards  other  citizens.  This  remark  may  be  extended 
to  foreign  nations.  If  the  exclusive  regulation  of  the  value 
and  alloy  of  coin  was  properly  delegated  to  the  federal  author- 
ity, the  policy  of  it  equally  requires  a  controul  on  the  States 
in  the  cases  above  mentioned.  It  must  have  been  meant — 1. 
To  preserve  uniformity  in  the  circulating  medium  throughout  the 
nation.  2.  To  prevent  those  frauds  on  the  citizens  of  other 
States,  and  the  subjects  of  foreign  powers,  which  might  disturb 
the  tranquillity  at  home,  or  involve  the  union  in  foreign  con- 
tests. 

The  practice  of  many  States  in  restricting  the  commercial 
intercourse  with  other  States,  and  putting  their  productions 
and  manufactures  on  the  same  footing  with  those  of  foreign 
nations,  though  not  contrary  to  the  federal  articles,  is  certainly 
adverse  to  the  spirit  of  the  Union,  and  tends  to  beget  retalia- 
ting regulations,  not  less  expensive  and  vexatious  in  themselves 
than  they  are  destructive  of  the  general  harmony. 

5.  Want  of  concert  in        5«  ™s  defect  is  strongly  illustrated  in 
matters  where  common    the  state  of  our  commercial  affairs.    How 

much  has  the  national  dignity,  interest, 
and  revenue,  suffered  from  this  cause  ?  Instances  of  inferior 
moment  are  the  want  of  uniformity  in  the  laws  concerning 
naturalization  and  literary  property ;  of  provision  for  national 
seminaries;  for  grants  of  incorporation  for  national  purposes, 
VOL.  i.  21 


322  WORKS    OF    MADISON.  1787. 

for  canals,  and  other  works  of  general  utility;  which  may  at 
present  be  defeated  by  the  perverseness  of  particular  States 
whose  concurrence  is  necessary. 

6.  Want  of  Guaranty        6-  The  Confederation  is  silent  on  this 
to  the  States  of  their    point,  and  therefore  by  the  second  article 
Constitutions  and  laws      ,-,      •,       j      f  ,-,      «•  j       -,        ,1       •,  ,  •    j 
against    internal    vio-    the  hands  ot  the  federal  authority  are  tied. 

lence-  According  to  Republican  Theory,  Right 

and  power,  being  both  vested  in  the  majority,  are  held  to  be 
synonymous.  According  to  fact  and  experience,  a  minority 
may,  in  an  appeal  to  force,  be  an  overmatch  for  the  majority: 
1.  If  the  minority  happen  to  include  all  such  as  possess  the 
skill  and  habits  of  military  life,  and  such  as  possess  the  great 
pecuniary  resources,  one-third  only  may  conquer  the  remaining 
two-thirds.  2.  One-third  of  those  who  participate  in  the  choice 
of  the  rulers  may  be  rendered  a  majority  by  the  accession  of 
those  whose  poverty  excludes  them  from  a  right  of  suffrage, 
and  who,  for  obvious  reasons,  will  be  more  likely  to  join  the 
standard  of  sedition  than  that  of  the  established  Government. 
3.  Where  slavery  exists,  the  republican  Theory  becomes  still 
more  fallacious. 

7.  A  sanction  is  essential  to  the  idea  of 

7.  Want  of  sanction  to      ,  .  0  ^ 

the  laws,  and  of  coercion     1&W,  as  coercion  is  to  that  ot  Government. 

in  the  Government  of  ^he  federal  system  being  destitute  of  both, 
the  Confederacy.  J 

wants  the  great  vital  principles  of  a  Politi- 
cal Constitution.  Under  the  form  of  such  a  Constitution,  it  is 
in  fact  nothing  more  than  a  treaty  of  amity,  of  commerce,  and 
of  alliance,  between  independent  and  Sovereign  States.  From 
what  cause  could  so  fatal  an  omission  have  happened  in  the 
articles  of  Confederation?  From  a  mistaken  confidence  that 
the  justice,  the  good  faith,  the  honor,  the  sound  policy  of  the 
several  legislative  assemblies  would  render  superfluous  any  ap- 
peal to  the  ordinary  motives  by  which  the  laws  secure  the  obe- 
dience of  individuals;  a  confidence  which  does  honor  to  the 
enthusiastic  virtue  of  the  compilers,  as  much  as  the  inexperience 
of  the  crisis  apologizes  for  their  errors.  The  time  which  has 
since  elapsed  has  had  the  double  effect  of  increasing  the  light 
and  tempering  the  warmth  with  which  the  arduous  work  may 


1787.  NOTES    ON    THE    CONFEDERACY.  323 

"be  revised.  It  is  no  longer  doubted  that  a  unanimous  and  punc- 
tual obedience  of  13  independent  bodies  to  the  acts  of  the  fed- 
eral Government  ought  not  to  be  calculated  on.  Even  during  the 
war,  when  external  danger  supplied  in  some  degree  the  defect 
of  legal  and  coercive  sanctions,  how  imperfectly  did  the  States 
fulfil  their  obligations  to  the  Union?  In  time  of  peace  we  see 
already  what  is  to  be  expected.  How,  indeed,  could  it  be  other- 
wise? In  the  first  place,  every  general  act  of  the  Union  must 
necessarily  bear  unequally  hard  on  some  particular  member  or 
members  of  it;  secondly,  the  partiality  of  the  members  to  their 
own  interests  and  rights,  a  partiality  which  will  be  fostered  by 
the  courtiers  of  popularity,  will  naturally  exaggerate  the  ine- 
quality where  it  exists,  and  even  suspect  it  where  it  has  no  ex- 
istence; thirdly,  a  distrust  of  the  voluntary  compliance  of  each 
other  may  prevent  the  compliance  of  any,  although  it  should  be 
the  latent  disposition  of  all.  Here  are  causes  and  pretexts 
which  will  never  fail  to  render  federal  measures  abortive.  If 
the  laws  of  the  States  were  merely  recommendatory  to  their 
citizens,  or  if  they  were  to  be  rejudged  by  county  authorities, 
what  security,  what  probability  would  exist  that  they  would  be 
carried  into  execution?  Is  the  security  or  probability  greater 
in  favor  of  the  acts  of  Congress,  which,  depending  for  their  ex- 
ecution on  the  will  of  the  State  legislatures,  are,  tho'  nomi- 
nally authoritative,  in  fact  recommendatory  only? 

8"   In  S0me  °f  the  StateS  the 


8.  Want  of  ratification 

by  the  people  of  the  ar-    tion  is  recognized  by  and  forms  a  part  of 

tides  of  Confederation.      ,-.        /-.        ,  .  ,    ,  .  ,1  i  .  , 

the  Constitution.  In  others,  however,  it 
has  received  no  other  sanction  than  that  of  the  legislative  au- 
thority. From  this  defect  two  evils  result:  1.  Whenever  a  law 
of  a  State  happens  to  be  repugnant  to  an  act  of  Congress,  par- 
ticularly when  the  latter  is  of  posterior  date  to  the  former,  it 
will  be  at  least  questionable  whether  the  latter  must  not  pre- 
vail; and  as  the  question  must  be  decided  by  the  Tribunals  of 
the  State,  they  will  be  most  likely  to  lean  on  the  side  of  the 
State. 

2.  As  far  as  the  union  of  the  States  is  to  be  regarded  as  a 
league  of  sovereign  powers,  and  not  as  a  political  Constitution, 


324  WORKS    OF    MADISON.  i787. 

by  virtue  of  which  they  are  become  one  sovereign  power,  so  far 
it  seems  to  follow,  from  the  doctrine  of  compacts,  that  a  breach 
of  any  of  the  articles  of  the  Confederation  by  any  of  the  parties 
to  it  absolves  the  other  parties  from  their  respective  obliga- 
tions, and  gives  them  a  right,  if  they  choose  to  exert  it,  of  dis- 
solving the  Union  altogether. 

9.  Multiplicity  of  laws        9.  In  developing  the  evils  which  viciate 
in  the  several  States.        tjie  political  system  of  the  United  States, 
it  is  proper  to  include  those  which  are  found  within  the  States 
individually,  as  well  as  those  which  directly  affect  the  States 
collectively,  since  the  former  class  have  an  indirect  influence  on 
the  general  malady,  and  must  not  be  overlooked  in  forming  a 
compleat  remedy.    Among  the  evils,  then,  of  our  situation,  may 
well  be  ranked  the  multiplicity  of  laws,  from  which  no  State  is 
exempt.     As  far  as  laws  are  necessary  to  mark  with  precision 
the  duties  of  those  who  are  to  obey  them,  and  to  take  from 
those  who  are  to  administer  them  a  discretion  which  might  be 
abused,  their  number  is  the  price  of  liberty.    As  far  as  laws 
exceed  this  limit  they  are  a  nuisance;  a  nuisance  of  the  most 
pestilent  kind.     Try  the  Codes  of  the  several  States  by  this 
test,  and  what  a  luxuriancy  of  legislation  do  they  present.    The 
short  period  of  independency  has  filled  as  many  pages  as  the 
century  which  preceded  it.     Every  year,  almost  every  session, 
adds  a  new  volume.     This  may  be  the  effect  in  part,  but  it  can 
only  be  in  part,  of  the  situation  in  which  the  revolution  has 
placed  us.    A  review  of  the  several  Codes  will  shew  that  every 
necessary  and  useful  part  of  the  least  voluminous  of  them  might 
be  compressed  into  one-tenth  of  the  compass,  and  at  the  same 
time  be  rendered  ten-fold  as  perspicuous. 

10.  Mutability  of  the        10.  This   evil  is  intimately  connected 
laws  of  the  states.  wjth  the  former,  yet  deserves  a  distinct 
notice,  as  it  emphatically  denotes  a  vicious  legislation.     We 
daily  see  laws  repealed  or  superseded  before  any  trial  can  have 
been  made  of  their  merits,  and  even  before  a  knowledge  of  them 
can  have  reached  the  remoter  districts  within  which  they  were 
to  operate.    In  the  regulations  of  trade,  this  instability  becomes 
a  snare  not  only  to  our  citizens,  but  to  foreigners  also. 


1787.  NOTES    ON    THE    CONFEDERACY.  325 

11.  Injustice  of  the  H-  If  the  multiplicity  and  mutability  of 
laws  of  the  States.  laws  prove  a  want  of  wisdom,  their  injus- 

tice betrays  a  defect  still  more  alarming;  more  alarming,  not 
merely  because  it  is  a  greater  evil  in  itself,  but  because  it  brings 
more  into  question  the  fundamental  principle  of  republican 
Government,  that  the  majority  who  rule  in  such  Governments 
are  the  safest  guardians  both  of  public  good  and  of  private 
rights.  To  what  causes  is  this  evil  to  be  ascribed? 

These  causes  lie — 1.  In  the  representative  bodies.  2.  In  the 
people  themselves. 

1.  Representative  appointments  are  sought  from  3  motives: 
1.  Ambition.     2.  Personal  interest.     3.  Public  good.    Unhap- 
pily, the  two  first  are  proved  by  experience  to  be  most  preva- 
lent.    Hence,  the  candidates  who  feel  them,  particularly  the 
second,  are  most  industrious  and  most  successful  in  pursuing 
their  object;  and  forming  often  a  majority  in  the  legislative 
Councils,  with  interested  views,  contrary  to  the  interest  and 
views  of  their  constituents,  join  in  a  perfidious  sacrifice  of  the 
latter  to  the  former.     A  succeeding  election,  it  might  be  sup- 
posed, would  displace  the  offenders,  and  repair  the  mischief. 
But  how  easily  are  base  and  selfish  measures  masked  by  pre- 
texts of  public  good  and  apparent  expediency?     How  fre- 
quently will  a  repetition  of  the  same  arts  and  industry  which 
succeeded  in  the  first  instance  again  prevail  on  the  unwary  to 
misplace  their  confidence? 

How  frequently,  too,  will  the  honest  but  unenlightened  rep- 
resentative be  the  dupe  of  a  favorite  leader,  veiling  his  selfish 
views  under  the  professions  of  public  good,  and  varnishing  his 
sophistical  arguments  with  the  glowing  colours  of  popular  elo- 
quence? 

2.  A  still  more  fatal,  if  not  more  frequent  cause,  lies  among 
the  people  themselves.     All  civilized  societies  are  divided  into 
different  interests  and  factions,  as  they  happen  to  be  creditors 
or  debtors,  rich  or  poor,  husbandmen,  merchants,  or  manufac- 
turers, members  of  different  religious  sects,  followers  of  differ- 
ent political  leaders,  inhabitants  of  different  districts,  owners 
of  different  kinds  of  property,  <fec.,  &c.    In  republican  Govern- 


326  WORKS    OF    MADISON.  1787> 

ment,  the  majority,  however  composed,  ultimately  give  the  law. 
Whenever,  therefore,  an  apparent  interest  or  common  passion 
unites  a  majority,  what  is  to  restrain  them  from  unjust  viola- 
tions of  the  rights  and  interests  of  the  minority,  or  of  individ- 
uals? Three  motives  only:  1.  A  prudent  regard  to  their  own 
good,  as  involved  in  the  general  and  permanent  good  of  the 
community.  This  consideration,  although  of  decisive  weight 
in  itself,  is  found  by  experience  to  be  too  often  unheeded.  It  is 
too  often  forgotten,  by  nations  as  well  as  by  individuals,  that 
honesty  is  the  best  policy.  2dly.  Respect  for  character.  How- 
ever strong  this  motive  may  be  in  individuals,  it  is  considered 
as  very  insufficient  to  restrain  them  from  injustice.  In  a  mul- 
titude its  efficacy  is  diminished  in  proportion  to  the  number 
which  is  to  share  the  praise  or  the  blame.  Besides,  as  it  has 
reference  to  public  opinion,  which,  within  a  particular  society, 
is  the  opinion  of  the  majority,  the  standard  is  fixed  by  those 
whose  conduct  is  to  be  measured  by  it.  The  public  opinion 
without  the  society  will  be  little  respected  by  the  people  at 
large  of  any  Country.  Individuals  of  extended  views  and  of 
national  pride  may  bring  the  public  proceedings  to  this  stand- 
ard, but  the  example  will  never  be  followed  by  the  multitude. 
Is  it  to  be  imagined  that  an  ordinary  citizen  or  even  Assembly- 
man of  R.  Island,  in  estimating  the  policy  of  paper  money,  ever 
considered  or  cared  in  what  light  the  measure  would  be  viewed 
in  France  or  Holland,  or  even  in  Massachusetts  or  Connecti- 
cut? It  was  a  sufficient  temptation  to  both  that  it  was  for 
their  interest;  it  was  a  sufficient  sanction  to  the  latter  that  it 
was  popular  in  the  State;  to  the  former,  that  it  was  so  in  the 
neighbourhood.  3dly.  Will  Religion,  the  only  remaining  mo- 
tive, be  a  sufficient  restraint?  It  is  not  pretended  to  be  such, 
on  men  individually  considered.  Will  its  eifect  be  greater  on 
them  considered  in  an  aggregate  view?  Quite  the  reverse. 
The  conduct  of  every  popular  assembly  acting  on  oath,  the 
strongest  of  religious  ties,  proves  that  individuals  join  without 
remorse  in  acts  against  which  their  consciences  would  revolt 
if  proposed  to  them  under  the  like  sanction,  separately,  in  their 
closets.  When,  indeed,  Religion  is  kindled  into  enthusiasm, 


1787.  NOTES    ON    THE    CONFEDERACY.  327 

its  force,  like  that  of  other  passions,  is  increased  by  the  sym- 
pathy of  a  multitude.  But  enthusiasm  is  only  a  temporary 
state  of  religion,  and,  while  it  lasts,  will  hardly  be  seen  with 
pleasure  at  the  helm  of  Government.  Besides,  as  religion  in 
its  coolest  state  is  not  infallible,  it  may  become  a  motive  to 
oppression  as  well  as  a  restraint  from  injustice.  Place  three 
individuals  in  a  situation  wherein  the  interest  of  each  depends 
on  the  voice  of  the  others,  and  give  to  two  of  them  an  interest 
opposed  to  the  rights  of  the  third.  Will  the  latter  be  secure? 
The  prudence  of  every  man  would  shun  the  danger.  The  rules 
and  forms  of  justice  suppose  and  guard  against  it.  Will  two 
thousand  in  a  like  situation  be  less  likely  to  encroach  on  the 
rights  of  one  thousand?  The  contrary  is  witnessed  by  the  no- 
torious factions  and  oppressions  which  take  place  in  corporate 
towns,  limited  as  the  opportunities  are,  and  in  little  republics, 
when  uncontrouled  by  apprehensions  of  external  danger.  If  an 
enlargement  of  the  sphere  is  found  to  lessen  the  insecurity  of 
private  rights,  it  is  not  because  the  impulse  of  a  common  inter- 
est or  passion  is  less  predominant  in  this  case  with  the  major- 
ity, but  because  a  common  interest  or  passion  is  less  apt  to  be 
felt,  and  the  requisite  combinations  less  easy  to  be  formed,  by  a 
great  than  by  a  small  number.  The  society  becomes  broken 
into  a  greater  variety  of  interests  and  pursuits  of  passions, 
which  check  each  other,  whilst  those  who  may  feel  a  common 
sentiment  have  less  opportunity  of  communication  and  concert. 
It  may  be  inferred  that  the  inconveniences  of  popular  States, 
contrary  to  the  prevailing  Theory,  are  in  proportion  not  to  the 
extent,  but  to  the  narrowness  of  their  limits. 

The  great  desideratum  in  Government  is  such  a  modification 
of  the  sovereignty  as  will  render  it  sufficiently  neutral  between 
the  different  interests  and  factions  to  controul  one  part  of  the 
society  from  invading  the  rights  of  another,  and,  at  the  same 
time,  sufficiently  controuled  itself  from  setting  up  an  interest 
adverse  to  that  of  the  whole  society.  In  absolute  Monarchies 
the  prince  is  sufficiently  neutral  towards  his  subjects,  but  fre- 
quently sacrifices  their  happiness  to  his  ambition  or  his  avarice. 
In  small  Republics,  the  sovereign  will  is  sufficiently  controuled 


328  WORKS    OF    MADISON.  1787. 

from  such  a  sacrifice  of  the  entire  Society,  but  is  not  sufficiently 
neutral  towards  the  parts  composing  it.  As  a  limited  monarchy 
tempers  the  evils  of  an  absolute  one,  so  an  extensive  Republic 
meliorates  the  administration  of  a  small  Republic. 

An  auxiliary  desideratum  for  the  melioration  of  the  Repub- 
lican form  is  such  a  process  of  elections  as  will  most  certainly 
extract  from  the  mass  of  the  society  the  purest  and  noblest 
characters  which  it  contains;  such  as  will  at  once  feel  most 
strongly  the  proper  motives  to  pursue  the  end  of  their  appoint- 
ment, and  be  most  capable  to  devise  the  proper  means  of  attain- 
ing it. 


TO   THOMAS  JEFFERSON. 

PHILADELPHIA,  May  15,  1787. 

DEAR  SIR, — Monday  last  was  the  day  for  the  meeting  of  the 
Convention.  The  number  as  yet  assembled  is  but  small.  Among 
the  few  is  General  Washington,  who  arrived  on  Sunday  evening, 
amidst  the  acclamations  of  the  people,  as  well  as  more  sober 
marks  of  the  aifection  and  veneration  which  continues  to  be 
felt  for  his  character.  The  Governor,  Messrs.  Wythe  and  Blair, 
and  Doctor  McClurg,  are  also  here.  Col.  Mason  is  to  be  here 
in  a  day  or  two.  There  is  a  prospect  of  a  pretty  full  meeting 
on  the  whole,  though  there  is  less  punctuality  in  the  outset  than 
was  to  be  wished.  Of  this  the  late  bad  weather  has  been  the 
principal  cause.  I  mention  these  circumstances  because  it  is 
possible  this  may  reach  you  before  you  hear  from  me  through 
any  other  channel,  and  I  add  no  others  because  it  is  merely 
possible. 


TO  HONBLB  EDMUND  PENDLETON. 

PHILADELPHIA,  May  27,  1787. 

DEAR  SIR, — I  have  put  off,  from  day  to  day,  writing  to  my 
friends  from  this  place,  in  hopes  of  being  able  to  say  something 
of  the  Convention.  Contrary  to  every  previous  calculation,  the 


1787.  LETTERS.  329 

bare  quorum  of  seven  States  was  not  made  up  till  the  day  be- 
fore yesterday.  The  States  composing  it  are  New  York,  New 
Jersey,  Pennsylvania,  Delaware,  Virginia,  North  Carolina,' and 
South  Carolina.  Individual  members  are  here  from  Massachu- 
setts, Maryland,  and  Georgia,  and  our  intelligence  promises  a 
complete  addition  of  the  first  and  last,  as  also  of  Connecticut, 
by  to-morrow.  General  Washington  was  called  to  the  chair 
by  a  unanimous  voice,  and  has  accepted  it.  The  secretary  is  a 
Major  Jackson.  This  is  all  that  has  yet  been  done,  except  the 
appointment  of  a  committee  for  preparing  the  rules  by  which 
the  Convention  is  to  be  governed  in  their  proceedings.  A  few 
days  will  now  furnish  some  data  for  calculating  the  probable 
result  of  the  meeting.  In  general,  the  members  seem  to  accord 
in  viewing  our  situation  as  peculiarly  critical,  and  on  being 
averse  to  temporizing  expedients.  I  wish  they  may  as  readily 
agree  when  particulars  are  brought  forward.  Congress  are 
reduced  to  five  or  six  States,  and  are  not  likely  to  do  anything 
during  the  term  of  the  Convention. 

A  packet  has  lately  arrived  from  France,  but  brings  no  news. 

I  learnt  with  great  pleasure,  by  the  Governor,  that  you  con- 
tinued to  enjoy  a  comfortable  degree  of  health,  and  heartily 
wish  this  may  find  it  still  further  confirmed;  being,  with  sincere 
affection  and  the  highest  esteem, 

Your  obed*  friend  and  serv. 


TO   COL.   JAMES  MADISON. 

PHILADELPHIA,  May  27th,  1787. 

HOND  SIR, — We  have  been  here  for  some  time,  suffering  a 
daily  disappointment  from  the  failure  of  the  deputies  to  assem- 
ble for  the  Convention.  Seven  States  were  not  made  up  till 
the  day  before  yesterday.  Our  intelligence  from  New  York 
promises  an  addition  of  three  more  by  to-morrow.  General 
Washington  was  unanimously  called  to  the  chair,  and  has  ac- 
cepted it.  It  is  impossible,  as  yet,  to  form  a  judgment  of  the 


330  WORKS    OF    MADISON.  1787. 

result  of  this  experiment.  Every  reflecting  man  becomes  daily 
more  alarmed  at  our  situation.  The  unwise  and  wicked  pro- 
ceedings of  the  Governments  of  some  States,  and  the  unruly 
temper  of  the  people  of  others,  must,  if  persevered  in,  soon  pro- 
duce some  new  scenes  among  us. 

My  enquiries  concerning  the  iron  do  not  promise  any  supply 
from  the  quarter  you  wished  it,  nor  do  I  find  the  advantage 
which  formerly  existed  in  sending  the  other  articles.  The  late 
regulations  of  Trade  here  and  in  Virginia,  particularly  the  act 
of  the  latter  requiring  the  cargoes  destined  to  Frederiksburg, 
&c.,  to  be  deposited,  in  the  first  instance,  at  ports  below,  are  ob- 
structions to  the  intercourse.  Tobacco,  however,  of  the  first 
quality,  may  be  sent  hither  to  advantage.  Old  Tobacco  of  this 
description  will  command  six  dollars.  Mine,  which  has  arrived 
safe,  being  neiv,  will  not,  I  fear,  fetch  me  more  than  32-s.,  Vir- 
ginia currency. 

Mr.  William  Strother,  who  was  lately  here,  gave  me  the  first 
information  of  the  event  of  the  election.  I  was  not  more  con- 
cerned than  surprised  at  the  rejection  of  Major  Moore.  I  am 
unable,  utterly,  to  account  for  so  sudden  and  great  a  change  in 
the  disposition  of  the  people  towards  him.  False  reports  occur 
as  the  most  probable  cause. 

I  have  enjoyed  good  health  since  I  left  Virginia,  and  learnt 
with  much  pleasure,  from  Mr.  Strother,  that  he  had  heard  noth- 
ing otherwise  with  respect  to  my  friends  in  general  in  Orange. 

Remember  me  affectionately  to  my  mother  and  the  rest  of  the 
family,  and  accept  of  the  dutiful  regards  of, 

Your  son. 


TO   THOMAS  JEFFERSON. 

PHILADELPHIA,  June  6th,  1787. 

DEAR  SIR, — The  day  fixed  for  the  meeting  of  the  Convention 
was  the  14th  ultimo.  On  the  25th,  and  not  before  seven  States 
were  assembled,  General  Washington  was  placed,  una  voce,  in 


1787.  LETTERS.  331 

the  chair.  The  secretaryship  was  given  to  Major  Jackson. 
The  members  present  are:  from  Massachusetts;  Mr.  Gerry,  Mr. 
Gorham,  Mr.  King,  Mr.  Strong.  From  Connecticut;  Mr.  Sher- 
man, Doctor  S.  Johnson,  Mr.  Ellsworth.  From  New  York; 
Judge  Yates,  Mr.  Lansing,  Mr.  Hamilton.  New  Jersey;  Gov- 
ernor Livingston,  Judge  Brearley,  Mr.  Patterson,  Attorney 
General;  [Mr.  Houston  and  Mr.  Clarke  are  absent  members.] 
From  Pennsylvania;  Dr.  Franklin,  Mr.  Morris,  Mr.  Wilson, 
Mr.  Fitzsimmons,  Mr.  G.  Clymer,  General  Mifflin,  Mr.  Gouver- 
neur  Morris,  Mr.  Ingersoll.  From  Delaware;  Mr.  John  Dick- 
enson,  Mr.  Reed,  Mr.  Bedford,  Mr.  Broome,  Mr.  Bassett.  From 
Maryland;  Major  Jenifer  only.  Mr.  McHenry,  Mr.  Daniel 
Carroll,  Mr.  John  Mercer,  Mr.  Luther  Martin,  are  absent 
members.  The  three  last  have  supplied  the  resignations  of 
Mr.  Stone,  Mr.  Carroll  of  Carrolton,  and  Mr.  T.  Johnson,  as 
I  have  understood  the  case.  From  Virginia;  General  Wash- 
ington, Governor  Randolph,  Mr.  Blair,  Col.  Mason,  Doctor 
McClurg,  J.  Madison.  Mr.  Wythe  left  us  yesterday,  being 
called  home  by  the  serious  declension  of  his  lady's  health. 
From  North  Carolina;  Col.  Martin,  late  Governor,  Doctor 
Williamson,  Mr.  Spaight,  Col.  Davy;  Col.  Blount  is  another 
member,  but  is  detained  by  indisposition  at  New  York.  From 
South  Carolina;  Mr.  John  Rutledge,  General  Pinckney,  Mr. 
Charles  Pinckney,  Major  Pierce  Butler;  Mr.  Laurens  is  in 
the  Commission  from  that  State,  but  will  be  kept  away  by  the 
want  of  health.  From  Georgia;  Col.  Few,  Major  Pierce,  for- 
merly of  Williamsburg,  and  aid  to  General  Greene,  Mr.  Hous- 
ton. Mr.  Baldwin  will  be  added  to  them  in  a  few  days. 
Welton  and  Pendleton  are  also  in  the  deputation.  New 
Hampshire  has  appointed  Deputies,  but  they  are  not  expected, 
the  State  treasury  being  empty,  it  is  said,  and  a  substitution  of 
private  resources  being  inconvenient  or  impracticable.  I  men- 
tion this  circumstance  to  take  off  the  appearance  of  backward- 
ness, which  that  State  is  not  in  the  least  chargeable  with,  if  we 
are  rightly  informed  of  her  disposition.  Rhode  Island  has  not 
yet  acceded  to  the  measure.  As  their  Legislature  meet  very 
frequently,  and  can  at  any  time  be  got  together  in  a  week,  it  is 


332  WORKS    OF    MADISON.  1787> 

possible  that  caprice,  if  no  other  motive,  may  yet  produce  a 
unanimity  of  the  States  in  this  experiment. 

In  furnishing  you  with  this  list  of  names,  I  have  exhausted 
all  the  means  which  I  can  make  use  of  for  gratifying  your 
curiosity.  It  was  thought  expedient,  in  order  to  secure  un- 
biassed discussion  within  doors,  and  to  prevent  misconceptions 
and  misconstructions  without,  to  establish  some  rules  of  caution, 
which  will  for  no  short  time  restrain  even  a  confidential  com- 
munication of  our  proceedings.  The  names  of  the  members 
will  satisfy  you  that  the  States  have  been  serious  in  this  busi- 
ness. The  attendance  of  General  Washington  is  a  proof  of  the 
light  in  which  he  regards  it.  The  whole  community  is  big 
with  expectation,  and  there  can  be  no  doubt  but  that  the  result 
will  in  some  way  or  other  have  a  powerful  eifect  on  our 
destiny. 

Mr.  Adams'  book,  which  has  been  in  your  hands,  of  course 
has  excited  a  good  deal  of  attention.  An  edition  has  come  out 
here,  and  another  is  in  the  press  at  N.  York.  It  will  probably 
be  much  read,  particularly  in  the  Eastern  States,  and  contribute, 
with  other  circumstances,  to  revive  the  predelictions  of  this 
country  for  the  British  Constitution.  Men  of  learning  find 
nothing  new  in  it;  men  of  taste  many  things  to  criticise;  and 
men  without  either,  not  a  few  things  which  they  will  not  under- 
stand. It  will,  nevertheless,  be  read  and  praised,  and  become 
a  powerful  engine  in  forming  the  public  opinion.  The  name 
and  character  of  the  author,  with  the  critical  situation  of  our 
affairs,  naturally  account  for  such  an  effect.  The  book  also  has 
merit,  and  I  wish  many  of  the  remarks  in  it  which  are  un- 
friendly to  republicanism  may  not  receive  fresh  weight  from 
the  operations  of  our  governments. 

I  learn  from  Virginia  that  the  appetite  for  paper  money 
grows  stronger  every  day.  Mr.  Henry  is  an  avowed  patron 
of  the  scheme,  and  will  not  fail,  I  think,  to  carry  it  through, 
unless  the  County  [Prince  Edward]  which  he  is  to  represent 
shall  bind  him  hand  and  foot  by  instructions.  I  am  told  that 
this  is  in  contemplation.  He  is  also  said  to  be  unfriendly  to  an 
acceleration  of  Justice.  There  is  good  reason  to  believe  that 


1787.  LETTERS.  333 

he  is  hostile  to  the  object  of  the  Convention,  and  that  he  wishes 
either  a  partition  or  total  dissolution  of  the  Confederacy. 

I  sent  you  a  few  days  ago,  by  a  vessel  going  to  France,  a  box 
with  peccan  nuts  planted  in  it.  Mr.  John  Vaughan  was  so 
good  as  to  make  arrangements  with  the  captain,  both  for  their 
preservation  during  the  voyage  and  the  conveyance  of  them 
afterwards.  I  had  before  sent  you,  via  England,  a  few  nuts 
sealed  up  in  a  letter. 

Mr.  Wythe  gave  me  favorable  accounts  of  your  nephew  in 
Williamsburg ;  and  from  the  President  of  Hampden  Sidney, 
who  was  here  a  few  days  ago,  I  received  information  equally 
pleasing  of  your  younger  nephew. 

I  must  beg  you  to  communicate  my  affectionate  respects  to 
our  friend  Mazzei,  and  to  let  him  know  that  I  have  taken  every 
step  for  securing  his  claim  on  Dorman  which  I  judged  most 
likely  to  succeed.  There  is  little  doubt  that  Congress  will 
allow  him  more  than  he  owes  Mr.  Mazzei,  and  I  have  got  from 
him  such  a  draught  on  the  Treasury  board  as  I  think  will  ensure 
him  the  chance  of  that  fund.  Dorman  is  at  present  in  Virginia, 
where  he  has  also  some  claims  and  expectations,  but  they  are 
not  in  a  transferable  situation.  I  intended  to  have  written  to 
Mazzei,  and  must  beg  his  pardon  for  not  doing  it.  It  is  really 
out  of  my  power  at  this  time. 

Adieu.    Yours  affectionately. 


TO  THOMAS  JEFFERSON. 

PHILADELPHIA,  July  18th,  1787. 

DEAR  SIR, — The  Convention  continue  to  sit,  and  have  been 
closely  employed  since  the  commencement  of  the  session.  I  am 
still  under  the  mortification  of  being  restrained  from  disclosing 
any  part  of  their  proceedings.  As  soon  as  I  am  at  liberty,  I 
will  endeavour  to  make  amends  for  my  silence,  and  if  I  ever 
have  the  pleasure  of  seeing  you,  shall  be  able  to  give  you  pretty 
full  gratification.  I  have  taken  lengthy  notes  of  everything 


334  WORKS    OF    MADISON.  1787. 

that  has  yet  passed,  and  mean  to  go  on  with  the  drudgery,  if  no 
indisposition  obliges  me  to  discontinue  it.  It  is  not  possible  to 
form  any  judgment  of  the  future  duration  of  the  session.  I  am 
led  by  sundry  circumstances  to  guess  that  the  residue  of  the 
work  will  not  be  very  quickly  despatched.  The  public  mind  is 
very  impatient  for  the  event,  and  various  reports  are  circula- 
ting which  tend  to  inflame  curiosity.  I  do  not  learn,  however, 
that  any  discontent  is  expressed  at  the  concealment;  and  have 
little  doubt  that  the  people  will  be  as  ready  to  receive  as  we 
shall  be  able  to  propose  a  Government  that  will  secure  their 
liberties  and  happiness. 

I  am  not  able  to  give  you  any  account  of  what  is  doing  at 
New  York.  Your  correspondents  there  will  no  doubt  supply 
the  omission.  The  paper  money  here  ceased  to  circulate  very 
suddenly  a  few  days  ago.  It  had  been  for  some  time  vibrating 
between  a  depreciation  of  12  and  of  20  per  cent.  Its  entire 
stagnation  is  said  to  have  proceeded  from  a  combination  of  a 
few  people  with  whom  the  country  people  deal  on  market  days 
against  receiving  it.  The  consequence  was  that  it  was  refused 
in  the  market,  and  great  distress  brought  on  the  poorer  citi- 
zens. Some  of  the  latter  began  in  turn  to  form  combinations  of 
a  more  serious  nature,  in  order  to  take  revenge  on  the  supposed 
authors  of  the  stagnation.  The  timely  interposition  of  some 
influential  characters  prevented  a  riot,  and  prevailed  on  the 
persons  who  were  opposed  to  the  paper  to  publish  their  willing- 
ness to  receive  it.  This  has  stifled  the  popular  rage,  and  got 
the  paper  into  circulation  again.  It  is,  however,  still  consider- 
ably below  par,  and  must  have  received  a  wound  which  will  not 
easily  be  healed.  Nothing  but  evil  springs  from  this  imaginary 
money  wherever  it  is  tried,  and  yet  the  appetite  for  it  where  it 
has  not  been  tried  continues  to  be  felt.  There  is  great  reason 
to  fear  that  the  bitterness  of  the  evil  must  be  tasted  in  Virginia 
before  the  appetite  there  will  be  at  an  end. 

The  wheat  harvest  throughout  the  continent  has  been  uncom- 
monly fine,  both  in  point  of  quantity  and  quality.  The  crops 
of  corn  and  Tobacco  on  the  ground  in  Virginia  are  very  differ- 
ent in  different  places.  I  rather  fear  that  in  general  they  are 


1787.  LETTERS.  335 

both  bad,  particularly  the  former.  I  have  just  received  a  letter 
from  Orange,  which  complains  much  of  appearances  in  that 
neighborhood,  but  says  nothing  of  them  in  the  parts  adjacent. 

Present  my  best  respects  to  Mr.  Short  and  Mr.  Mazzei.  Noth- 
ing has  been  done  since  my  last  to  the  latter  with  regard  to  his 
affair  with  Dorman. 

Wishing  you  all  happiness,  I  am,  dear  sir,  your  affectiona-te 
friend  and  serv. 


TO   COL.   JAMES  MADISON. 

PHILADELPHIA,  July  28th,  1787. 
HONDSlK,—          ******** 

I  am  sorry  that  I  cannot  gratify  your  wish  to  be  informed  of 
the  proceedings  of  the  Convention.  An  order  of  secrecy  leaves 
me  at  liberty  merely  to  tell  you  that  nothing  definitive  is  yet 
done,  that  the  Session  will  probably  continue  for  some  time  yet, 
that  an  adjournment  took  place  on  thursday  last  until  Monday 
week,  and  that  a  Committee  is  to  be  at  work  in  the  mean  time. 
Late  information  from  Europe  presents  a  sad  picture  of  things 
in  Holland.  Civil  blood  has  been  already  spilt,  and  various 
circumstances  threaten  a  torrent  of  it.  Many,  it  is  said,  are 
flying  with  their  property  to  England.  How  much  is  it  to  be 
lamented  that  America  does  not  present  a  more  inviting  asy- 
lum! 

Congress  have  been  occupied  for  some  time  past  on  Western 
affairs.  They  have  provided  for  the  Government  of  the  Coun- 
try by  an  ordinance,  of  which  a  copy  is  herewith  inclosed. 
They  have  on  the  anvil,  at  present,  some  projects  for  the  most 
advantageous  sale  of  the  lands.  Col.  Carrington  informs  me  that 
Indian  affairs  wear  a  very  hostile  appearance;  that  money  must 
in  all  probability  be  expended  in  further  treaties;  that  a  Gen- 
eral Confederacy  has  been  formed  of  all  the  nations  and  tribes 
from  the  six  nations,  inclusive,  to  the  Mississippi,  under  the  au- 
spices of  Brandt;  that  a  General  Council  was  held  in  December 


336  WORKS    OF    MADISON.  1787. 

last  in  form,  near  Detroit,  in  which  was  considered  as  griev- 
ances the  surveying  of  lands  on  the  North  West  side  of  the 
Ohio,  the  pretext  being,  as  usual,  that  the  treaties  which  pre- 
ceded that  measure  were  made  by  parts  only  of  the  Nations 
whose  consent  was  necessary,  and  that  a  united  representation 
of  this  grievance  has  been  received  by  Congress.  That  as  to 
the  hostilities  on  Kentucky,  the  superintendent  of  Indian  affairs, 
or,  in  case  of  his  inability  to  go,  Col.  Harmar,  is  ordered  to 
proceed  immediately  to  some  convenient  place  for  holding  a 
Treaty  with  the  hostile  tribes,  and  by  that  means  restore,  if 
possible,  peace  in  that  quarter.  In  the  mean  time,  Col.  Harmer 
is  so  to  fort  the  federal  troops  as  to  provide  the  best  defence 
for  the  country,  and  to  call  for  such  aids  of  Militia  as  he  shall 
find  necessary. 

The  crops  of  wheat  in  this  and  the  neighbouring  States,  and, 
indeed,  throughout  the  Continent,  as  far  as  I  can  learn,  have 
been  remarkably  fine.  I  am  sorry  to  hear  that  your  crops  of 
corn  are  likely  to  be  so  much  shortened  by  the  dry  weather. 
The  weather  has  been  dry  in  spots  in  this  quarter.  At  present 
it  is  extremely  seasonable  just  here,  and  I  do  not  know  that  it 
is  otherwise  elsewhere.  I  hope  Virginia  partakes  of  the  bless- 
ing. 

A  letter  from  my  brother  gave  me  the  first  notice  of  your  in- 
disposition. It  is  my  most  fervent  wish  that  this  may  find  your 
health  thoroughly  re-established,  and  that  of  my  mother  and  the 
rest  of  the  family  unimpaired.  Being,  with  entire  affection,  your 
dutiful  son. 


TO  JAMES  MADISON,   SENB. 

PHILADELPHIA,  Sept'  4th,  1787. 

HOND  Sm, — The  Convention  has  not  yet  broken  up,  but  its 
session  will  probably  continue  but  a  short  time  longer.  Its 
proceedings  are  still  under  the  injunction  of  secrecy.  We  hear 
that  a  spirit  of  insurrection  has  shown  itself  in  the  County  of 


1787.  LETTEKS.  337 

Green  Briar.  Some  other  Counties  have  been  added  by  report 
as  infected  with  the  same  spirit;  but  the  silence  of  the  letters 
from  Richmond  on  thfe  latter  fact  gives  us  hopes  that  the  Re- 
port is  not  well  founded.  We  understand,  also,  that  the  upper 
parts  of  the  country  have  suffered  extremely  from  the  drought, 
and  that  the  crops  will  not  suffice  for  the  subsistence  of  the  in- 
habitants. I  hope  the  account  is  exaggerated,  and  wait  with 
some  impatience  for  a  confirmation  of  this  hope. 

The  crops  of  wheat  in  this  quarter  have  been  uncommonly 
fine,  and  the  latter  rains  have  been  so  seasonable  for  the  corn 
that  the  prospect  of  that  crop  is  tolerably  good.  The  price  of 
good  Tobacco  here  at  present  is  40s.,  Virginia  money. 

As  soon  as  the  tie  of  secrecy  shall  be  dissolved  I  will  forward 
the  proceedings  of  the  Convention.  In  the  mean  time,  with  my 
affectionate  regards  for  all  the  family, 

I  remain,  your  dutiful  son. 


TO  THOMAS  JEFFERSON. 

PHILADELPHIA,  Septr  6th,  1787. 

DEAR  SIR, — My  last  was  intended  for  the  August  packet,  and 
put  into  the  hands  of  Commodore  Paul  Jones.  Some  disap- 
pointments prevented  his  going,  and  as  he  did  not  know  but  its 
contents  might  be  unfit  for  the  ordinary  conveyance,  he  retained 
it.  The  precaution  was  unnecessary.  For  the  same  reason  the 
delay  has  been  of  little  consequence.  The  rule  of  secrecy  in  the 
Convention  rendered  that,  as  it  will  this  letter,  barren  of  those 
communications  which  might  otherwise  be  made.  As  the  Con- 
vention will  shortly  rise,  I  should  feel  little  scruple  in  disclo- 
sing what  will  be  public  here  before  it  could  reach  you,  were  it 
practicable  for  me  to  guard  by  cypher  against  an  intermediate 
discovery.  But  I  am  deprived  of  this  resource  by  the  shortness 
of  the  interval  between  the  receipt  of  your  letter  of  June  20  and 
the  date  of  this.  This  is  the  first  day  which  has  been  free  from 
Committee  service,  both  before  and  after  the  hours  of  the  House, 

VOL.  i  22 


338  WORKS    OF    MADISON.  1787. 

and  the  last  that  is  allowed  me  by  the  time  advertised  for  the 
sailing  of  the  packet. 

The  Convention  consists  now,  as  it  has  generally  done,  of 
eleven  States.  There  has  been  no  intermission  of  its  session 
since  a  house  was  formed,  except  an  interval  of  about  ten  days 
allowed  a  committee  appointed  to  detail  the  general  proposi- 
tions agreed  on  in  the  House.  The  term  of  its  dissolution  can- 
not be  more  than  one  or  two  weeks  distant.  A  Government 
will  probably  be  submitted  to  the  people  of  the  States,  consist- 
ing of  a  President,  cloathed  with  Executive  power;  a  Senate 
chosen  by  the  Legislatures,  and  another  House  chosen  by  the 
people  of  the  States,  jointly  possessing  the  Legislative  power; 
and  a  regular  Judiciary  establishment.  The  mode  of  constituting 
the  Executive  is  among  the  few  points  not  yet  finally  settled. 
The  Senate  will  consist  of  two  members  from  each  State,  and 
appointed  sexennially.  The  other  House,  of  members  appointed 
biennially  by  the  people  of  the  States,  in  proportion  to  their 
number.  The  Legislative  power  will  extend  to  taxation,  trade, 
and  sundry  other  general  matters.  The  powers  of  Congress 
will  be  distributed,  according  to  their  nature,  among  the  several 
departments.  The  States  will  be  restricted  from  paper  money, 
and  in  a  few  other  instances.  These  are  the  outlines.  The  ex- 
tent of  them  may,  perhaps,  surprize  you.  I  hazard  an  opinion, 
nevertheless,  that  the  plan,  should  it  be  adopted,  will  neither 
effectually  answer  its  national  object,  nor  prevent  the  local  mis- 
chiefs which  everywhere  excite  disgusts  against  the  State  Gov- 
ernments. The  grounds  of  this  opinion  will  be  the  subject  of  a 
future  letter. 

I  have  written  to  a  friend  in  Congress,  intimating,  in  a  covert 
manner,  the  necessity  of  deciding  and  notifying  the  intentions 
of  Congress  with  regard  to  their  foreign  Ministers  after  May 
next,  and  have  dropped  a  hint  on  the  communications  of  Dumas. 

Congress  have  taken  some  measures  for  disposing  of  the  pub- 
lic land,  and  have  actually  sold  a  considerable  tract.  Another 
bargain,  I  learn,  is  on  foot  for  a  further  sale. 

Nothing  can  exceed  the  universal  anxiety  for  the  event  of  the 
meeting  here.  Reports  and  conjectures  abound  concerning  the 


1787.  LETTERS.  339 

nature  of  the  plan  which  is  to  be  proposed.  The  public,  how- 
ever, is  certainly  in  the  dark  with  regard  to  it.  The  Conven- 
tion is  equally  in  the  dark  as  to  the  reception  which  may  be 
given  to  it  on  its  publication.  All  the  prepossessions  are  on 
the  right  side,  but  it  may  well  be  expected  that  certain  char- 
acters will  wage  war  against  any  reform  whatever.  My  own 
idea  is,  that  the  public  mind  will  now,  or  in  a  very  little  time, 
receive  anything  that  promises  stability  to  the  public  Councils 
and  security  to  private  rights,  and  that  no  regard  ought  to  be 
had  to  local  prejudices  or  temporary  considerations.  If  the 
present  moment  be  lost,  it  is  hard  to  say  what  may  be  our  fate. 

Our  information  from  Virginia  is  far  from  being  agreeable. 
In  many  parts  of  the  Country  the  drought  has  been  extremely 
injurious  to  the  Corn.  I  fear,  tho'  I  have  no  certain  informa- 
tion, that  Orange  and  Albemarle  share  in  the  distress.  The 
people,  also,  are  said  to  be  generally  discontented.  A  paper 
emission  is  again  a  topic  among  them;  so  is  an  instalment  of  all 
debts,  in  some  places,  and  the  making  property  a  tender  in 
others.  The  taxes  are  another  source  of  discontent.  The 
weight  of  them  is  complained  of,  and  the  abuses  in  collecting 
them  still  more  so.  In  several  Counties  the  prisons,  and  Court 
Houses,  and  Clerks'  offices,  have  been  wilfully  burnt.  In  Green 
Briar,  the  course  of  Justice  has  been  mutinously  stopped,  and 
associations  entered  into  against  the  payment  of  taxes.  No 
other  County  has  yet  followed  the  example.  The  approaching 
meeting  of  the  Assembly  will  probably  allay  the  discontents  on 
one  side  by  measures  which  will  excite  them  on  another. 

Mr.  Wythe  has  never  returned  to  us.  His  lady,  whose  ill- 
ness carried  him  away,  died  some  time  after  he  got  home.  The 
other  deaths  in  Virginia  are  Col.  A.  Gary,  and  a  few  days  ago, 
Mrs.  Harrison,  wife  of  Benjamin  Harrison,  Junr,  and  sister  of 
J.  F.  Mercer. 

Wishing  you  all  happiness,  I  remain,  dear  sir,  yours  affection- 
ately. 


Give  my  best  wishes  to  Mazzei.     I  have  received  his  letter 


340  WORKS    OF    MADISON.  1787. 

and  book,  and  will  write  by  the  next  packet  to  him.  Dorman 
is  still  in  Virginia.  Congress  have  done  nothing  for  him  in  his 
affair.  I  am  not  sure  that  9  States  have  been  assembled  of  late. 
At  present,  it  is  doubtful  whether  there  are  seven. 


TO   EDMUND    PENDLETON. 

PHILADELPHIA,  September  20th.  1787. 

DEAR  SIR, — The  privilege  of  franking  having  ceased  with 
the  Convention,  I  have  waited  for  this  opportunity  of  inclosing 
you  a  copy  of  the  proposed  Constitution  for  the  United  States. 
I  forbear  to  make  any  observations  on  it,  either  on  the  side  of 
its  merits  or  its  faults.  The  best  judges  of  both  will  be  those 
who  can  combine  with  a  knowledge  of  the  collective  and  per- 
manent interest  of  America  a  freedom  from  the  bias  resulting 
from  a  participation  in  the  work.  If  the  plan  proposed  be 
worthy  of  adoptjon,  the  degree  of  unanimity  attained  in  the 
Convention  is  a  circumstance  as  fortunate  as  the  very  respect- 
able dissent  on  the  part  of  Virginia  is  a  subject  of  regret.  The 
double  object  of  blending  a  proper  stability  and  energy  in  the 
Government  with  the  essential  characters  of  the  republican 
form,  and  of  tracing  a  proper  line  of  demarkation  between  the 
national  and  State  authorities,  was  necessarily  found  to  be  as 
difficult  as  it  was  desirable,  and  to  admit  of  an  infinite  diver- 
sity concerning  the  means  among  those  who  were  unanimously 
agreed  concerning  the  end. 

I  find,  by  a  letter  from  my  father,  that  he  and  my  uncle  Eras- 
mus have  lately  paid  their  respects  to  Edmundsbury.  I  infer 
from  his  silence  as  to  your  health  that  no  unfavorable  change 
had  happened  in  it.  That  this  may  find  it  perfectly  re-estab- 
lished is  the  sincere  and  affectionate  wish  of, 

Dear  sir,  your  friend  and  humble  serv*. 


1787.  LETTERS.  341 


TO  JAMES  MADISON,   SENK. 

NEW  YORK,  Sepf  30th,  1787. 

HOND  SIR, — By  Mr.  Blair,  who  left  Philadelphia  immediately 
after  the  rising  of  the  Convention,  I  sent  to  the  care  of  Mr.  F. 
Maury  a  copy  of  the  new  Constitution  proposed  for  the  U.  S. 
Mr.  Blair  set  out  in  such  haste  that  I  had  no  time  to  write  by 
him,  and  I  thought  the  omission  of  the  less  consequence,  as  your 
last  letter  led  me  to  suppose  that  you  must,  about  that  time,  be 
absent  on  your  trip  to  Frederick. 

I  arrived  here  on  monday  last.  The  act  of  the  Convention 
was  then  before  Congress.  It  has  been  since  taken  up,  and  by 
a  unanimous  vote  forwarded  to  the  States,  to  be  proceeded  on 
as  recommended  by  the  Convention.  What  reception  this  new 
system  will  generally  meet  with  cannot  yet  be  pronounced. 
For  obvious  reasons,  opposition  is  as  likely  to  arise  in  Virginia 
as  anywhere.  The  city  of  Philadelphia  has  warmly  espoused 
it.  Both  parties  there,  it  is  said,  have  united  on  the  occasion. 
It  may  happen,  nevertheless,  that  a  country  party  may  spring 
up  and  give  a  preponderancy  to  the  opposite  scale.  In  this  city 
the  general  voice  coincides  with  that  of  Philadelphia,  but  there 
is  less  apparent  unanimity,  and  it  is  pretty  certain  that  the 
party  in  power  will  be  active  in  defeating  the  new  system.  In 
Boston  the  reception  given  to  it  is  extremely  favorable,  we  are 
told,  but  more  will  depend  on  the  country  than  the  town.  The 
echo  from  Connecticut  and  New  Jersey,  as  far  as  it  has  reached 
us,  denotes  a  favorable  disposition  in  those  States. 

I  inclose  a  few  plumb-stones  from  an  excellent  tree.  I  am 
aware  that  this  is  not  the  true  mode  of  propagating  the  fruit, 
but  it  sometimes  succeeds,  and  sometimes  even  improves  the 
fruit. 

With  my  affectionate  regards  to  my  mother  and  the  family, 
I  remain,  your  dutiful  son. 


342  WORKS    OF    MADISON.  1787. 


TO   GENERAL   WASHINGTON. 

NEW  YORK,  October  14,  1787. 

DEAR  SIR, — The  letter  herewith  enclosed  was  put  into  my 
hands  yesterday  by  Mr.  de  Crevecceur,  who  belongs  to  the  Con- 
sular establishment  of  France  in  this  country.  I  add  to  it  a 
pamphlet  which  Mr.  Pinckney  has  submitted  to  the  public,  or 
rather,  as  he  professes,  to  the  perusal  of  his  friends,  and  a 
printed  sheet  containing  his  ideas  on  a  very  delicate  subject, 
too  delicate,  in  my  opinion,  to  have  been  properly  confided  to 
the  press.  He  conceives  that  his  precautions  against  any  further 
circulation  of  the  piece  than  he  himself  authorizes  are  so  effect- 
ual as  to  justify  the  step.  I  wish  he  may  not  be  disappointed. 
In  communicating  a  copy  to  you,  I  fulfil  his  wishes  only. 

No  decisive  indications  of  the  public  mind  in  the  Northern 
and  middle  States  can  yet  be  collected.  The  reports  continue  to 
be  rather  favorable  to  the  act  of  the  Convention  from  every  quar- 
ter; but  its  adversaries  will  naturally  be  latest  in  shewing  them- 
selves. Boston  is  certainly  friendly.  An  opposition  is  known 
to  be  in  petto  in  Connecticut,  but  it  is  said  not  to  be  much 
dreaded  by  the  other  side.  Rhode  Island  will  be  divided  on 
this  subject  in  the  same  manner  that  it  has  been  on  the  question 
of  paper  money.  The  newspapers  here  have  contained  sundry 
publications  animadverting  on  the  proposed  Constitution,  and 
it  is  known  that  the  Government  party  are  hostile  to  it.  There 
are  on  the  other  side  so  many  able  and  weighty  advocates,  and 
the  conduct  of  the  Eastern  States,  if  favorable,  will  add  so  much 
force  to  their  arguments,  that  there  is  at  least  as  much  ground 
for  hope  as  for  apprehension.  I  do  not  learn  that  any  opposi- 
tion is  likely  to  be  made  in  New  Jersey.  The  temper  of  Penn- 
sylvania will  be  best  known  to  you  from  the  direct  information 
which  you  cannot  fail  to  receive  through  the  newspapers  and 
other  channels. 

Congress  have  been  of  late  employed  chiefly  in  settling  the 
requisition,  and  in  making  some  arrangements  for  the  Western 
country.  The  latter  consist  of  the  appointment  of  a  Governor 
and  Secretary,  and  the  allotment  of  a  sum  of  money  for  Indian 


1787.  LETTERS.  343 

treaties,  if  they  should  be  found  necessary.  The  requisition,  so 
far  as  it  varies  our  fiscal  system,  makes  the  proportion  of  In- 
dents receivable  independently  of  specie,  and  those  of  different 
years  indiscriminately  receivable  for  any  year,  and  does  not,  as 
heretofore,  tie  down  the  States  to  a  particular  mode  of  obtain- 
ing them.  Mr.  Adams  has  been  permitted  to  return  home  after 
February  next,  and  Mr.  Jefferson's  appointment  continued  for 
three  years  longer. 

With  the  most  perfect  esteem,  and  most  affectionate  regard, 
I  remain,  dear  sir, 

Your  obt  friend  and  serv*. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  Oct'  24th,  1787. 

DEAR  SIR, — My  two  last,  though  written  for  the  two  last 
packets,  have  unluckily  been  delayed  till  this  conveyance.  The 
first  of  them  was  sent  from  Philadelphia  to  Commodore  Jones, 
in  consequence  of  information  that  he  was  certainly  to  go  by 
the  packet  then  about  to  sail.  Being  detained  here  by  his  busi- 
ness with  Congress,  and  being  unwilling  to  put  the  letter  into 
the  mail  without  my  approbation,  which  could  not  be  obtained 
in  time,  he  detained  the  letter  also.  The  second  was  sent  from 
Philadelphia  to  Col.  Carrington,  with  a  view  that  it  might  go 
by  the  last  packet,  at  all  events,  in  case  Commodore  Jones 
should  meet  with  further  detention  here.  By  ill  luck  he  was 
out  of  Town,  and  did  not  return  till  it  was  too  late  to  make  use 
of  the  opportunity.  Neither  of  the  letters  were,  indeed,  of  much 
consequence  at  the  time,  and  are  still  less  so  now.  I  let  them 
go  forward,  nevertheless,  as  they  may  mention  some  circum- 
stances not  at  present  in  my  recollection,  and  as  they  will  pre- 
vent a  chasm  in  my  part  of  a  correspondence  which  I  have  so 
many  motives  to  cherish  by  an  exact  punctuality. 

You  will  herewith  receive  the  result  of  the  Convention,  which 
continued  its  session  till  the  17th  of  September.  I  take  the  lib- 


344  WORKS    OF    MADISON.  1787. 

erty  of  making  some  observations  on  the  subject,  which  will 
help  to  make  up  a  letter,  if  they  should  answer  no  other  pur- 
pose. 

It  appeared  to  be  the  sincere  and  unanimous  wish  of  the  Con- 
vention to  cherish  and  preserve  the  Union  of  the  States.  No 
proposition  was  made,  no  suggestion  was  thrown  out,  in  favor 
of  a  partition  of  the  Empire  into  two  or  more  Confederacies. 

It  was  generally  agreed  that  the  objects  of  the  Union  could 
not  be  secured  by  any  system  founded  on  the  principle  of  a  con- 
federation of  Sovereign  States.  A  voluntary  observance  of  the 
federal  law  by  all  the  members  could  never  be  hoped  for.  A 
compulsive  one  could  evidently  never  be  reduced  to  practice, 
and  if  it  could,  involved  equal  calamities  to  the  innocent  and 
the  guilty,  the  necessity  of  a  military  force,  both  obnoxious  and 
dangerous,  and,  in  general,  a  scene  resembling  much  more  a  civil 
war  than  the  administration  of  a  regular  Government. 

Hence  was  embraced  the  alternative  of  a  Government  which, 
instead  of  operating  on  the  States,  should  operate  without  their 
intervention  on  the  individuals  composing  them;  and  hence  the 
change  in  the  principle  and  proportion  of  representation. 

This  ground-work  being  laid,  the  great  objects  which  pre- 
sented themselves  were:  1.  To  unite  a  proper  energy  in  the  Ex- 
ecutive, and  a  proper  stability  in  the  Legislative  departments, 
with  the  essential  characters  of  Republican  Government.  2. 
To  draw  a  line  of  demarkation  which  would  give  to  the  Gene- 
ral Government  every  power  requisite  for  general  purposes, 
and  leave  to  the  States  every  power  which  might  be  most  bene- 
ficially administered  by  them.  3.  To  provide  for  the  different 
interests  of  different  parts  of  the  Union,  4.  To  adjust  the  clash- 
ing pretensions  of  the  large  and  small  States.  Each  of  these 
objects  was  pregnant  with  difficulties.  The  whole  of  them  to- 
gether formed  a  task  more  difficult  than  can  be  well  conceived 
by  those  who  were  not  concerned  in  the  execution  of  it.  Add- 
ing to  these  considerations  the  natural  diversity  of  human  opin- 
ions on  all  new  and  complicated  subjects,  it  is  impossible  to 
consider  the  degree  of  concord  which  ultimately  prevailed  as 
less  than  a  miracle. 


1787.  LETTERS.  345 

The  first  of  these  objects,  as  respects  the  Executive,  was  pecu- 
liarly embarrassing.  On  the  question  whether  it  should  consist 
of  a  single  person  or  a  plurality,  of  co-ordinate  members,  on  the 
mode  of  appointment,  on  the  duration  in  office,  on  the  degree  of 
power,  on  the  re-eligibility,  tedious  and  reiterated  discussions 
took  place.  The  plurality  of  co-ordinate  members  had  finally 
but  few  advocates.  Governor  Randolph  was  at  the  head  of 
them.  The  modes  of  appointment  proposed  were  various:  as 
by  the  people  at  large,  by  electors  chosen  by  the  people,  by  the 
Executives  of  the  States,  by  the  Congress;  some  preferring  a 
joint  ballot  of  the  two  Houses;  some,  a  separate  concurrent  bal- 
lot, allowing  to  each  a  negative  on  the  other  house;  some,  a 
nomination  of  several  candidates  by  one  House,  out  of  whom  a 
choice  should  be  made  by  the  other.  Several  other  modifica- 
tions were  started.  The  expedient  at  length  adopted  seemed 
to  give  pretty  general  satisfaction  to  the  members.  As  to  the 
duration  in  office,  a  few  would  have  preferred  a  tenure  during 
good  behaviour;  a  considerable  number  would  have  done  so  in 
case  an  easy  and  effectual  removal  by  impeachment  could  be 
settled. 

It  was  much  agitated  whether  a  long  term,  seven  years  for 
example,  with  a  subsequent  and  perpetual  ineligibility,  or  a  short 
term,  with  a  capacity  to  be  re-elected,  should  be  fixed.  In  favor 
of  the  first  opinion  were  urged  the  danger  of  a  gradual  degen- 
eracy of  re-elections  from  time  to  time,  into  first  a  life  and  then 
a  hereditary  tenure,  and  the  favorable  effect  of  an  incapacity  to 
be  reappointed  on  the  independent  exercise  of  the  Executive 
authority.  On  the  other  side  it  was  contended  that  the  pros- 
pect of  necessary  degradation  would  discourage  the  most  dig- 
nified characters  from  aspiring  to  the  ofBce  ;  would  take  away 
the  principal  motive  to  the  faithful  discharge  of  its  duties —  the 
hope  of  being  rewarded  with  a  reappointment ;  would  stimulate 
ambition  to  violent  efforts  for  holding  over  the  Constitutional 
term;  and  instead  of  producing  an  independent  administration 
and  a  firmer  defence  of  the  constitutional  rights  of  the  depart- 
ment, would  render  the  officer  more  indifferent  to  the  impor- 
tance of  a  place  which  he  would  soon  be  obliged  to  quit  forever, 


346  WORKS    OF    MADISON.  1787. 

and  more  ready  to  yield  to  the  encroachments  of  the  Legisla- 
ture, of  which  he  might  again  be  a  member. 

The  questions  concerning  the  degree  of  power  turned  chiefly 
on  the  appointment  to  offices,  and  the  controul  on  the  Legisla- 
ture. An  absolute  appointment  to  all  offices,  to  some  offices,  to 
no  offices,  formed  the  scale  of  opinions  on  the  first  point.  On 
the  second,  some  contended  for  an  absolute  negative,  as  the  only 
possible  mean  of  reducing  to  practice  the  theory  of  a  free  Gov- 
ernment, which  forbids  a  mixture  of  the  Legislative  and  Exec- 
utive powers.  Others  would  be  content  with  a  revisionary 
power,  to  be  overruled  by  three-fourths  of  both  Houses.  It  was 
warmly  urged  that  the  judiciary  department  should  be  associ- 
ated in  the  revision.  The  idea  of  some  was,  that  a  separate 
revision  should  be  given  to  the  two  departments;  that  if  either 
objected,  two-thirds,  if  both,  three-fourths,  should  be  necessary 
to  overrule. 

In  forming  the  Senate,  the  great  anchor  of  the  government, 
the  questions,  as  they  come  within  the  first  object,  turned  mostly 
on  the  mode  of  appointment,  and  the  duration  of  it.  The  differ- 
ent modes  proposed  were:  1.  By  the  House  of  Representatives. 
2.  By  the  Executive.  3.  By  electors  chosen  by  the  people  for 
the  purpose.  4.  By  the  State  Legislatures.  On  the  point  of 
duration,  the  propositions  descended  from  good  behaviour  to 
four  years,  through  the  intermediate  terms  of  nine,  seven,  six, 
and  five  years.  The  election  of  the  other  branch  was  first  de- 
termined to  be  triennial,  and  afterwards  reduced  to  biennial. 

The  second  object,  the  due  partition  of  power  between  the 
General  and  local  Governments,  was  perhaps,  of  all,  the  most 
nice  and  difficult.  A  few  contended  for  an  entire  abolition  of 
the  States;  some,  for  indefinite  power  of  Legislation  in  the 
Congress,  with  a  negative  on  the  laws  of  the  States:  some,  for 
such  a  power  without  a  negative;  some,  for  a  limited  power  of 
legislation,  with  such  a  negative;  the  majority,  finally,  for  a 
limited  power  without  the  negative.  The  question  with  regard 
to  the  negative  underwent  repeated  discussions,  and  was  finally 
rejected  by  a  bare  majority.  As  I  formerly  intimated  to  you 
my  opinion  in  favor  of  this  ingredient,  I  will  take  this  occasion 


1787.  LETTERS.  347 

of  explaining  myself  on  the  subject.  Such  a  check  on  the 
States  appears  to  me  necessary — 1.  To  prevent  encroachments 
on  the  General  authority.  2.  To  prevent  instability  and  in- 
justice in  the  legislation  of  the  States. 

1.  Without  such  a  check  in  the  whole  over  the  parts,  our 
system  involves  the  evil  of  imperia  in  imperio.  If  a  compleat 
supremacy  somewhere  is  not  necessary  in  every  society,  a  con- 
trouling  power  at  least  is  so,  by  which  the  general  authority 
may  be  defended  against  encroachments  of  the  subordinate 
authorities,  and  by  which  the  latter  may  be  restrained  from 
encroachments  on  each  other.  If  the  supremacy  of  the  British 
Parliament  is  not  necessary,  as  has  been  contended,  for  the 
harmony  of  that  Empire,  it  is  evident,  I  think,  that  without  tJie 
royal  negative,  or  some  equivalent  controul,  the  unity  of  the  system 
would  be  destroyed.  The  want  of  some  such  provision  seems 
to  have  been  mortal  to  the  antient  confederacies,  and  to  be  the 
disease  of  the  modern.  Of  the  Lycian  confederacy  little  is 
known.  That  of  the  Amphictyons  is  well  known  to  have  been 
rendered  of  little  use  whilst  it  lasted,  and,  in  the  end,  to  have  been 
destroyed  by  the  predominance  of  the  local  over  the  federal 
authority.  The  same  observation  may  be  made,  on  the  author- 
ity of  Polybius,  with  regard  to  the  Achasan  League.  The 
Helvetic  System  scarcely  amounts  to  a  confederacy,  and  is  dis- 
tinguished by  too  many  peculiarities  to  be  a  ground  of  com- 
parison. 

The  case  of  the  United  Netherlands  is  in  point.  The  author- 
ity of  a  Statdholder,  the  influence  of  a  standing  Army,  the 
common  interest  in  the  conquered  possessions,  the  pressure  of 
surrounding  danger,  the  guarantee  of  foreign  powers,  are  not 
sufficient  to  secure  the  authority  and  interest  of  the  generality 
against  the  anti-federal  tendency  of  the  provincial  sovereignties. 
The  German  Empire  is  another  example.  A  Hereditary  chief, 
with  vast  independent  resources  of  wealth  and  power,  a  federal 
Diet,  with  ample  parchment  authority,  a  regular  Judiciary 
establishment,  the  influence  of  the  neighbourhood  of  great  and 
formidable  nations,  have  been  found  unable  either  to  maintain 
the  subordination  of  the  members,  or  to  prevent  their  mutual 


348  WORKS    OF    MADISON.  1787. 

contests  and  encroachments.  Still  more  to  the  purpose  is  our 
own  experience,  both  during  the  war  and  since  the  peace.  En- 
croachments of  the  States  on  the  general  authority,  sacrifices 
of  national  to  local  interests,  interferences  of  the  measures  of 
different  States,  form  a  great  part  of  the  history  of  our  political 
system. 

It  may  be  said  that  the  new  Constitution  is  founded  on 
different  principles,  and  will  have  a  different  operation.  I 
admit  the  difference  to  be  material.  It  presents  the  aspect 
rather  of  a  feudal  system  of  republics,  if  such  a  phrase  may  be 
used,  than  of  a  Confederacy  of  independent  States.  And  what 
has  been  the  progress  and  event  of  the  feudal  Constitutions  ? 
In  all  of  them  a  continual  struggle  between  the  head  and  the 
inferior  members,  until  a  final  victory  has  been  gained,  in  some 
instances  by  one,  in  others,  by  the  other  of  them.  In  one 
respect,  indeed,  there  is  a  remarkable  variance  between  the  two 
cases.  In  the  feudal  system,  the  sovereign,  though  limited,  was 
independent;  and  having  no  particular  sympathy  of  interests 
with  the  great  Barons,  his  ambition  had  as  full  play  as  theirs 
in  the  mutual  projects  of  usurpation.  In  the  American  Consti- 
tution, the  general  authority  will  be  derived  entirely  from  the 
subordinate  authorities.  The  Senate  will  represent  the  States 
in  their  political  capacity;  the  other  House  will  represent  the 
people  of  the  States  in  their  individual  capacity.  The  former 
will  be  accountable  to  their  constituents  at  moderate,  the  latter 
at  short  periods.  The  President  also  derives  his  appointment 
from  the  States,  and  is  periodically  accountable  to  them.  This 
dependence  of  the  General  on  the  local  authorities  seems  effec- 
tually to  guard  the  latter  against  any  dangerous  encroachments 
of  the  former;  whilst  the  latter,  within  their  respective  limits, 
will  be  continually  sensible  of  the  abridgement  of  their  power, 
and  be  stimulated  by  ambition  to  resume  the  surrendered  por- 
tion of  it. 

We  find  the  representatives  of  Counties  and  Corporations  in 
the  Legislatures  of  the  States  much  more  disposed  to  sacrifice 
the  aggregate  interest,  and  even  authority,  to  the  local  views  of 
their  constituents,  than  the  latter  to  the  former.  I  mean  not  by 


1787.  LETTEES.  349 

these  remarks  to  insinuate  that  an  esprit  de  corps  will  not  ex- 
ist in  the  National  Government,  or  that  opportunities  may  not 
occur  of  extending  its  jurisdiction  in  some  points.  I  mean  only 
that  the  danger  of  encroachments  is  much  greater  from  the 
other  side,  and  that  the  impossibility  of  dividing  powers  of 
legislation  in  such  a  manner  as  to  be  free  from  different  con- 
structions by  different  interests,  or  even  from  ambiguity  in  the 
judgment  of  the  impartial,  requires  some  such  expedient  as  I 
contend  for.  Many  illustrations  might  be  given  of  this  impos- 
sibility. How  long  has  it  taken  to  fix,  and  how  imperfectly  is 
yet  fixed,  the  legislative  power  of  corporations,  though  that 
power  is  subordinate  in  the  most  compleat  manner?  The  line 
of  distinction  between  the  power  of  regulating  trade  and  that 
of  drawing  revenue  from  it,  which  was  once  considered  the  bar- 
rier of  our  liberties,  was  found,  on  fair  discussion,  to  be  abso- 
lutely undefinable.  No  distinction  seems  to  be  more  obvious 
than  that  between  spiritual  and  temporal  matters.  Yet,  wher- 
ever they  have  been  made  objects  of  Legislation,  they  have 
clashed  and  contended  with  each  other,  till  one  or  the  other  has 
gained  the  supremacy.  Even  the  boundaries  between  the  Ex- 
ecutive, Legislative,  and  judiciary  powers,  though  in  general  so 
strongly  marked  in  themselves,  consist,  in  many  instances,  of 
mere  shades  of  difference. 

It  may  be  said  that  the  Judicial  authority,  under  our  new  sys- 
tem, will  keep  the  States  within  their  proper  limits,  and  supply 
the  place  of  a  negative  on  their  laws.  The  answer  is,  that  it  is 
more  convenient  to  prevent  the  passage  of  a  law  than  to  declare 
it  void  after  it  is  passed;  that  this  will  be  particularly  the  case 
where  the  law  aggrieves  individuals,  who  may  be  unable  to 
support  an  appeal  against  a  State  to  the  Supreme  Judiciary; 
that  a  State  which  would  violate  the  Legislative  rights  of  the 
Union  would  not  be  very  ready  to  obey  a  Judicial  decree  in 
support  of  them;  and  that  a  recurrence  to  force,  which,  in  the 
event  of  disobedience,  would  be  necessary,  is  an  evil  which  the 
new  Constitution  meant  to  exclude  as  far  as  possible. 

2.  A  Constitutional  negative  on  the  laws  of  the  States  seems 
equally  necessary  to  secure  individuals  against  encroachments 


350  WORKS    OP    MADISON.  1787. 

on  their  rights.  The  mutability  of  the  laws  of  the  States  is 
found  to  be  a  serious  evij.  The  injustice  of  them  has  been  so 
frequent  and  so  flagrant  as  to  alarm  the  most  stedfast  friends 
of  Republicanism.  I  am  persuaded  I  do  not  err  in  saying  that 
the  evils  issuing  from  these  sources  contributed  more  to  that 
uneasiness  which  produced  the  Convention,  and  prepared  the 
public  mind  for  a  general  reform,  than  those  which  accrued  to 
our  national  character  and  interest  from  the  inadequacy  of  the 
Confederation  to  its  immediate  objects.  A  reform,  therefore, 
which  does  not  make  provision  for  private  rights,  must  be  ma- 
terially defective.  The  restraints  against  paper  emissions  and 
violations  of  contracts  are  not  sufficient.  Supposing  them  to  be 
effectual  as  far  as  they  go,  they  are  short  of  the  mark.  Injus- 
tice may  be  effected  by  such  an  infinitude  of  legislative  expedi- 
ents, that  where  the  disposition  exists,  it  can  only  be  controuled 
by  some  provision  which  reaches  all  cases  whatsoever.  The 
partial  provision  made  supposes  the  disposition  which  will 
evade  it. 

It  may  be  asked  how  private  rights  will  be  more  secure  under 
the  Guardianship  of  the  General  Government  than  under  the 
State  Governments,  since  they  are  both  founded  on  the  repub- 
lican principle  which  refers  the  ultimate  decision  to  the  will  of 
the  majority,  and  are  distinguished  rather  by  the  extent  within 
which  they  will  operate,  than  by  any  material  difference  in  their 
structure.  A  full  discussion  of  this  question  would,  if  I  mistake 
not,  unfold  the  true  principles  of  Republican  Government,  and 
prove,  in  contradiction  to  the  concurrent  opinions  of  the  theo- 
retical writers,  that  this  form  of  Government,  in  order  to  effect 
its  purposes,  must  operate  not  within  a  small  but  an  extensive 
sphere.  I  will  state  some  of  the  ideas  which  have  occurred  to 
me  on  this  subject. 

Those  who  contend  for  a  simple  democracy,  or  a  pure  repub- 
lic, actuated  by  the  sense  of  the  majority,  and  operating  within 
narrow  limits,  assume  or  suppose  a  case  which  is  altogether 
fictitious.  They  found  their  reasoning  on  the  idea  that  the 
people  composing  the  Society  enjoy  not  only  an  equality  of  po- 
litical rights,  but  that  they  have  all  precisely  the  same  inter- 


1787.  LETTERS.  351 

ests  and  the  same  feelings  in  every  respect.  Were  this  in  re- 
ality the  case,  their  reasoning  would  be  conclusive.  The  inter- 
est of  the  majority  would  be  that  of  the  minority  also;  the  de- 
cisions could  only  turn  on  mere  opinion  concerning  the  good  of 
the  whole,  of  which  the  major  voice  would  be  the  safest  criterion; 
and  within  a  small  sphere,  this  voice  could  be  most  easily  col- 
lected, and  the  public  affairs  most  accurately  managed. 

We  know,  however,  that  no  society  ever  did,  or  can,  consist 
of  so  homogeneous  a  mass  of  Citizens.  In  the  Savage  state,  in- 
deed, an  approach  is  made  towards  it,  but  in  that  state  little  or 
no  Government  is  necessary.  In  all  civilized  societies,  distinc- 
tions are  various  and  unavoidable.  A  distinction  of  property 
results  from  that  very  protection  which  a  free  Government 
gives  to  unequal  faculties  of  acquiring  it.  There  will  be  rich 
and  poor;  creditors  and  debtors;  a  landed  interest,  a  monied 
interest,  a  mercantile  interest,  a  manufacturing  interest.  These 
classes  may  again  be  subdivided  according  to  the  different  pro- 
ductions of  different  situations  and  soils,  and  according  to  dif- 
ferent branches  of  commerce  and  of  manufactures.  In  addition 
to  these  natural  distinctions,  artificial  ones  will  be  founded  on 
accidental  differences  in  political,  religious,  or  other  opinions, 
or  an  attachment  to  the  persons  of  leading  individuals.  How- 
ever erroneous  or  ridiculous  these  grounds  of  dissention  and 
faction  may  appear  to  the  enlightened  Statesman  or  the  benev- 
olent philosopher,  the  bulk  of  mankind,  who  are  neither  States- 
men nor  philosophers,  will  continue  to  view  them  in  a  different 
light. 

It  remains,  then,  to  be  enquired,  whether  a  majority  having 
any  common  interest,  or  feeling  any  common  passion,  will  find 
sufficient  motives  to  restrain  them  from  oppressing  the  minority. 
An  individual  is  never  allowed  to  be  a  judge,  or  even  a  witness, 
in  his  own  cause.  If  two  individuals  are  under  the  bias  of 
interest  or  enmity  against  a  third,  the  rights  of  the  latter  could 
never  be  safely  referred  to  the  majority  of  the  three.  Will  two 
thousand  individuals  be  less  apt  to  oppress  one  thousand,  or  two 
hundred  thousand  one  hundred  thousand  ? 

Three  motives  only  can  restrain  in  such  cases:  1.  A  prudent 


352  WORKS    OF    MADISON.  1787. 

regard  to  private  or  partial  good,  as  essentially  involved  in  the 
general  and  permanent  good  of  the  whole.  This  ought,  no 
doubt,  to  be  sufficient  of  itself.  Experience,  however,  shews 
that  it  has  little  effect  on  individuals,  and  perhaps  still  less  on 
a  collection  of  individuals,  and  least  of  all  on  a  majority  with 
the  public  authority  in  their  hands.  If  the  former  are  ready  to 
forget  that  honesty  is  the  best  policy,  the  last  do  more.  They 
often  proceed  on  the  converse  of  the  maxim,  that  whatever  is 
politic  is  honest.  2.  Respect  for  character.  This  motive  is  not 
found  sufficient  to  restrain  individuals  from  injustice,  and  loses 
its  efficacy  in  proportion  to  the  number  winch  is  to  divide  the 
pain  or  the  blame.  Besides,  as  it  has  reference  to  public  opin- 
ion, which  is  that  of  the  majority,  the  standard  is  fixed  by  those 
whose  conduct  is  to  be  measured  by  it.  3.  Religion.  The  in- 
efficacy  of  this  restraint  on  individuals  is  well  known.  The 
conduct  of  every  popular  assembly,  acting  on  oath,  the  strong- 
est of  religious  ties,  shews  that  individuals  join  without  remorse 
in  acts  against  which  their  consciences  would  revolt,  if  proposed 
to  them,  separately,  in  their  closets.  When,  indeed,  Religion  is 
kindled  into  enthusiasm,  its  force,  like  that  of  other  passions,  is 
increased  by  the  sympathy  of  a  multitude.  But  enthusiasm  is 
only  a  temporary  state  of  Religion,  and  whilst  it  lasts  will 
hardly  be  seen  with  pleasure  at  the  helm.  Even  in  its  coolest 
state,  it  has  been  much  oftener  a  motive  to  oppression  than  a 
restraint  from  it. 

If,  then,  there  must  be  different  interests  and  parties  in 
society,  and  a  majority,  when  united  by  a  common  interest  or 
passion,  cannot  be  restrained  from  oppressing  the  minority,  what 
remedy  can  be  found  in  a  republican  Government,  where  the 
majority  must  ultimately  decide,  but  that  of  giving  such  an 
extent  to  its  sphere,  that  no  common  interest  or  passion  will  be 
likely  to  unite  a  majority  of  the  whole  number  in  an  unjust 
pursuit?  In  a  large  society,  the  people  are  broken  into  so 
many  interests  and  parties,  that  a  common  sentiment  is  less 
likely  to  be  felt,  and  the  requisite  concert  less  likely  to  be 
formed,  by  a  majority  of  the  whole.  The  same  security  seems 
requisite  for  the  civil  as  for  the  religious  rights  of  individuals. 


1787.  LETTERS.  353 

If  the  same  sect  form  a  majority,  and  have  the  power,  other 
sects  will  be  sure  to  be  depressed.  Divide  et  impera,  the 
reprobated  axiom  of  tyranny,  is,  under  certain  qualifications, 
the  only  policy  by  which  a  republic  can  be  administered  on  just 
principles. 

It  must  be  observed,  however,  that  this  doctrine  can  only 
hold  within  a  sphere  of  a  mean  extent.  As  in  too  small  a 
sphere  oppressive  combinations  may  be  too  easily  formed  against 
the  weaker  party,  so  in  too  extensive  a  one  a  defensive  concert 
may  be  rendered  too  difficult  against  the  oppression  of  those 
entrusted  with  the  administration.  The  great  desideratum  in 
Government  is  so  to  modify  the  sovereignty  as  that  it  may  be 
sufficiently  neutral  between  different  parts  of  the  society  to  con- 
troul  one  part  from  invading  the  rights  of  another,  and  at  the 
same  time  sufficiently  controuled  itself  from  setting  up  an 
interest  adverse  to  that  of  the  entire  society.  In  absolute 
monarchies,  the  prince  may  be  tolerably  neutral  towards  differ- 
ent classes  of  his  subjects,  but  may  sacrifice  the  happiness  of  all 
to  his  personal  ambition  or  avarice.  In  small  republics,  the 
sovereign  will  is  controuled  from  such  a  sacrifice  of  the  entire 
society,  but  is  not  sufficiently  neutral  towards  the  parts  com- 
posing it.  In  the  extended  Republic  of  the  United  States,  the 
General  Government  would  hold  a  pretty  even  balance  between 
the  parties  of  particular  States,  and  be  at  the  same  time  suffi- 
ciently restrained,  by  its  dependence  on  the  community,  from 
betraying  its  general  interests. 

Begging  pardon  for  this  immoderate  digression,  I  return  to 
the  third  object  above  mentioned,  the  adjustments  of  the  differ- 
ent interests  of  different  parts  of  the  continent.  Some  con- 
tended for  an  unlimited  power  over  trade,  including  exports  as 
well  as  imports,  and  over  slaves  as  well  as  other  imports;  some, 
for  such  a  power,  provided  the  concurrence  of  two-thirds  of  both 
Houses  were  required;  some,  for  such  a  qualification  of  the 
power,  with  an  exemption  of  exports  and  slaves;  others,  for  an 
exemption  of  exports  only.  The  result  is  seen  in  the  Consti- 
tution. South  Carolina  and  Georgia  were  inflexible  on  the 
point  of  the  Slaves. 

VOL.  i.  23 


354  WORKS    OF    MADISON.  178T. 

The  remaining  object  created  more  embarrassment;  and  a 
greater  alarm  for  the  issue  of  the  Convention,  than  all  the  rest 
put  together.  The  little  States  insisted  on  retaining  their 
equality  in  both  branches,  unless  a  compleat  abolition  of  the 
State  Governments  should  take  place;  and  made  an  equality  in 
the  Senate  a  sine  qua  non.  The  large  States,  on  the  other  hand, 
urged  that  as  the  new  Government  was  to  be  drawn  principally 
from  the  people  immediately,  and  was  to  operate  directly  on 
them,  not  on  the  States;  and,  consequently,  as  the  States  would 
lose  that  importance  which  is  now  proportioned  to  the  impor- 
tance of  their  voluntary  compliance  with  the  requisitions  of 
Congress,  it  was  necessary  that  the  representation  in  both 
Houses  should  be  in  proportion  to  their  size.  It  ended  in  the 
compromise  which  you  will  see,  but  very  much  to  the  dis- 
satisfaction of  several  members  from  the  large  States. 

It  will  not  escape  you  that  three  names  only  from  Virginia 
are  subscribed  to  the  act.  Mr.  Wythe  did  not  return  after  the 
death  of  his  lady.  Doctor  McClurg  left  the  Convention  some 
time  before  the  adjournment.  The  Governor  and  Col.  Mason 
refused  to  be  parties  to  it.  Mr.  Gerry  was  the  only  other  mem- 
ber who  refused.  The  objections  of  the  Governor  turn  princi- 
pally on  the  latitude  of  the  general  powers,  and  on  the  connec- 
tion established  between  the  President  and  the  Senate.  He 
wished  that  the  plan  should  be  proposed  to  the  States,  with 
liberty  to  them  to  suggest  alterations,  which  should  all  be  re- 
ferred to  another  General  Convention,  to  be  incorporated  into 
the  plan  as  far  as  might  be  judged  expedient.  He  was  not  in- 
veterate in  his  opposition,  and  grounded  his  refusal  to  subscribe 
pretty  much  on  his  unwillingness  to  commit  himself,  so  as  not 
to  be  at  liberty  to  be  governed  by  further  lights  on  the  subject. 

Col.  Mason  left  Philadelphia  in  an  exceeding  ill  humour  in- 
deed. A  number  of  little  circumstances,  arising  in  part  from 
the  impatience  which  prevailed  towards  the  close  of  the  busi- 
ness, conspired  to  whet  his  acrimony.  He  returned  to  Virginia 
with  a  fixed  disposition  to  prevent  the  adoption  of  the  plan,  if 
possible.  He  considers  the  want  of  a  Bill  of  Rights  as  a  fatal 
objection.  His  other  objections  are  to  the  substitution  of  the 


1787.  LETTERS.  355 

Senate  in  place  of  an  Executive  Council,  and  to  the  powers 
vested  in  that  bt>dy ;  to  the  powers  of  the  Judiciary;  to  the  vice 
president  being  made  president  of  the  Senate;  to  the  smallness 
of  the  number  of  Representatives;  to  the  restriction  on  the 
States  with  regard  to  ex  post  facto  laws;  and  most  of  all,  prob- 
ably, to  the  power  of  regulating  trade  by  a  majority  only  of 
each  House.  He  has  some  other  lesser  objections.  Being  now 
under  the  necessity  of  justifying  his  refusal  to  sign,  he  will,  of 
course,  muster  every  possible  one.  His  conduct  has  given  great 
umbrage  to  the  County  of  Fairfax,  and  particularly  to  the  Town 
of  Alexandria.  He  is  already  instructed  to  promote  in  the  As- 
sembly the  calling  a  Convention,  and  will  probably  be  either 
not  deputed  to  the  Convention,  or  be  tied  up  by  express  instruc- 
tions. He  did  not  object  in  general  to  the  powers  vested  in 
the  National  Government  so  much  as  to  the  modification.  In 
some  respects  he  admitted  that  some  further  powers  would  have 
improved  the  system.  He  acknowledged,  in  particular,  that  a 
negative  on  the  State  laws  and  the  appointment  of  the  State 
Executives  ought  to  be  ingredients;  but  supposed  that  the  pub- 
lic mind  would  not  now  bear  them,  and  that  experience  would 
hereafter  produce  these  amendments. 

The  final  reception  which  will  be  given  by  the  people  at  large 
to  the  proposed  system  cannot  yet  be  decided.  The  Legislature 
of  New  Hampshire  was  sitting  when  it  reached  that  State,  and 
was  well  pleased  with  it.  As  far  as  the  sense  of  the  people 
there  has  been  expressed,  it  is  generally  favorable.  Boston  is 
warm  and  almost  unanimous  in  embracing  it.  The  impression 
on  the  country  is  not  yet  known.  No  symptoms  of  disapproba- 
tion have  appeared.  The  Legislature  of  that  State  is  now  sit- 
ting, through  which  the  sense  of  the  people  at  large  will  soon 
be  promulged  with  tolerable  certainty.  The  paper-money  fac- 
tion in  Rhode  Island  is  hostile.  The  other  party  zealously  at- 
tached to  it.  Its  passage  through  Connecticut  is  likely  to  be 
very  smooth  and  easy.  There  seems  to  be  less  agitation  in  this 
State  [New  York]  than  anywhere.  The  discussion  of  the  sub- 
ject seems  confined  to  the  Newspapers.  The  principal  charac- 
ters are  known  to  be  friendly.  The  Governour's  party,  which 


356  WORKS    OF    MADISON.  1787. 

has  hitherto  been  the  popular  and  most  numerous  one,  is  sup- 
posed to  be  on  the  opposite  side;  but  considerable  reserve  is 
practiced,  of  which  he  sets  the  example.  New  Jersey  takes  the 
affirmative  side,  of  course.  Meetings  of  the  people  are  declar- 
ing their  approbation  and  instructing  their  representatives. 

Pennsylvania  will  be  divided.  The  City  of  Philadelphia,  the 
Republican  party,  the  Quakers,  and  most  of  the  Germans,  es- 
pouse the  Constitution.  Some  of  the  Constitutional  leaders, 
backed  by  the  Western  Country,  will  oppose.  An  unlucky  fer- 
ment on  the  subject  in  their  Assembly  just  before  its  late  ad- 
journment has  irritated  both  sides,  particularly  the  opposition, 
and  by  redoubling  the  exertions  of  that  party  may  render  the 
event  doubtful.  The  voice  of  Maryland,  I  understand  from 
pretty  good  authority,  is,  as  far  as  it  has  been  declared,  strongly 
in  favor  of  the  Constitution.  Mr.  Chase  is  an  enemy,  but  the 
Town  of  Baltimore,  which  he  now  represents,  is  warmly  attached 
to  it,  and  will  shackle  him  as  far  as  it  can.  Mr.  Paca  will 
probably  be,  as  usual,  in  the  politics  of  Chase. 

My  information  from  Virginia  is  as  yet  extremely  imperfect. 
I  have  a  letter  from  General  Washington,  which  speaks  favor- 
ably of  the  impression  within  a  circle  of  some  extent;  and 
another  from  Chancellor  Pendleton,  which  expresses  his  full 
acceptance  of  the  pkm,  and  the  popularity  of  it  in  his  district. 
I  am  told,  also,  that  Innes  and  Marshall  are  patrons  of  it.  In 
the  opposite  scale  are  Mr.  James  Mercer,  Mr.  R.  H.  Lee,  Doc- 
tor Lee,  and  their  connections,  of  course,  Mr.  M.  Page,  accord- 
ing to  report,  and  most  of  the  Judges  and  bar  of  the  General 
Court.  The  part  which  Mr.  Henry  will  take  is  unknown  here. 
Much  will  depend  on  it.  I  had  taken  it  for  granted,  from  a 
variety  of  circumstances,  that  he  would  be  in  the  opposition, 
and  still  think  that  will  be  the  case.  There  are  reports,  how- 
ever, which  favor  a  contrary  supposition. 

From  the  States  South  of  Virginia  nothing  has  been  heard. 
As  the  deputation  from  South  Carolina  consisted  of  some  of  its 
weightiest  characters,  who  have  returned  unanimously  zealous 
in  favor  of  the  Constitution,  it  is  probable  that  State  will  read- 
ily embrace  it.  It  is  not  less  probable  that  North  Carolina 


1787.  LETTERS.  357 

will  follow  the  example,  unless  that  of  Virginia  should  counter- 
balance it.  Upon  the  whole,  although  the  public  mind  will  not 
be  fully  known,  nor  finally  settled,  for  a  considerable  time,  ap- 
pearances at  present  augur  a  more  prompt  and .  general  adop- 
tion of  the  plan  than  could  have  been  well  expected. 

November  I.  Commodore  Paul  Jones  having  preferred  another 
vessel  to  the  packet,  has  remained  here  till  this  time.  The  in- 
terval has  produced  little  necessary  to  be  added  to  the  above. 
The  Legislature  of  Massachusetts  have,  it  seems,  taken  up  the 
act  of  the  Convention,  and  have  appointed,  or  probably  will  ap- 
point, an  early  day  for  its  State  Convention.  There  are  letters, 
also,  from  Georgia,  which  denote  a  favorable  disposition.  I 
am  informed  from  Richmond  that  the  new  Election  law  from 
the  Revised  Code  produced  a  pretty  full  House  of  Delegates,  as 
well  as  a  Senate,  on  the  first  day.  It  had  previously  had  equal 
effect  in  producing  full  meetings  of  the  freeholders  for  the  county 
elections.  A  very  decided  majority  of  the  Assembly  is  said  to 
be  zealous  in  favor  of  the  New  Constitution.  The  same  is  said 
of  the  Country  at  large.  It  appears,  however,  that  individuals 
of  great  weight,  both  within  and  without  the  Legislature,  are 
opposed  to  it.  A  letter  I  just  have  from  Mr.  A.  Stuart  names 
Mr.  Henry,  General  Nelson,  W.  Nelson,  the  family  of  Cabells, 
S*  George  Tucker,  John  Taylor,  and  the  Judges  of  the  General 
Court,  except  P.  Carriugton.  The  other  opponents  he  describes 
as  of  too  little  note  to  be  mentioned,  which  gives  a  negative  in- 
formation of  the  characters  on  the  other  side.  All  are  agreed 
that  the  plan  must  be  submitted  to  a  Convention. 
,  We  hear  from  Georgia  that  that  State  is  threatened  with  a 
dangerous  war  with  the  Creek  Indians.  The  alarm  is  of  so 
serious  a  nature  that  law-martial  has  been  proclaimed,  and  they 
are  proceeding  to  fortify  even  the  town  of  Savannah.  The  idea 
there  is,  that  the  Indians  derive  their  motives  as  well  as  their 
means  from  their  Spanish  neighbours.  Individuals  complain, 
also,  that  their  fugitive  slaves  are  encouraged  by  East  Florida. 
The  policy  of  this  is  explained  by  supposing  that  it  is  consid- 
ered as  a  discouragement  to  the  Georgians  to  form  settlements 
near  the  Spanish  boundaries. 


358  WORKS    OF    MADISON.  1787. 

There  are  but  few  States  on  the  spot  here  which  will  survive 
the  expiration  of  the  federal  year,  and  it  is  extremely  uncertain 
when  a  Congress  will  again  be  formed.  We  have  not  yet  heard 
who  are  to  be  in  the  appointment  of  Virginia  for  the  next 
year. 


TO  EDMUND   PENDLETON. 

NEW  YORK,  October  28th,  1787. 

DEAR  Sra, — I  have  received,  and  acknowledge  with  great 
pleasure,  your  favor  of  the  8th  inst.  The  remarks  which  you 
make  on  the  act  of  the  Convention  appear  to  me  to  be  in  gen- 
eral extremely  well  founded.  Your  criticism  on  the  clause  ex- 
empting vessels  bound  to  and  from  a  State  from  being  obliged 
to  enter,  &c.,  in  another,  is  particularly  so.  This  provision  was 
dictated  by  the  jealousy  of  some  particular  States,  and  was  in- 
serted pretty  late  in  the  Session.  The  object  of  it  was  what  you 
conjecture.  The  expression  is  certainly  not  accurate.  Is  not  a 
religious  test,  as  far  as  it  is  necessary,  or  would  operate,  in- 
volved in  the  oath  itself?  If  the  person  swearing  believes  in 
the  Supreme  Being,  who  is  invoked,  and  in  the  penal  conse- 
quences of  offending  him,  either  in  this  or  a  future  world,  or 
both,  he  will  be  under  the  same  restraint  from  perjury  as  if  he 
had  previously  subscribed  a  test  requiring  this  belief.  If  the 
person  in  question  be  an  unbeliever  in  these  points,  and  would, 
notwithstanding,  take  the  oath,  a  previous  test  could  have  no 
effect.  He  would  subscribe  it  as  he  would  take  the  oath,  with- 
out any  principle  that  could  be  affected  by  either. 

I  find,  by  a  letter  from  Mr.  Dawson,  that  the  proposed  Con- 
stitution is  received  by  the  Assembly  with  a  more  prompt  and 
general  approbation  than  could  well  have  been  expected.  The 
example  of  Virginia  will  have  great  weight,  and  the  more  so, 
as  the  disagreement  of  the  deputation  will  give  it  more  the  ap- 
pearance of  being  the  unbiassed  expression  of  the  public  mind. 
It  would  be  truly  mortifying  if  anything  should  occur  to  pre- 
vent or  retard  the  concurrence  of  a  State  which  has  generally 
taken  the  lead  on  great  occasions.  And  it  would  be  the  more 


1787.  LETTERS.  359 

so  in  this  case,  as  it  is  generally  believed  that  nine  of  the  States 
at  least  will  embrace  the  plan,  and,  consequently,  that  the  tardy 
remainder  must  be  reduced  to  the  dilemma  of  either  shifting  for 
themselves,  or  coming  in  without  any  credit  for  it. 

There  is  reason  to  believe  that  the  Eastern  States,  Rhode 
Island  excepted,  will  be  among  the  foremost  in  adopting  the 
system.  No  particular  information  is  yet  received  from  New 
Hampshire.  The  presumptive  evidence  of  its  good  disposition, 
however,  is  satisfactory.  The  Legislature  of  Massachusetts  is 
now  sitting,  and  letters  from  good  authority  say  that  every- 
thing goes  well.  Connecticut  has  unanimously  called  a  Con- 
vention, and  left  no  room  to  doubt  her  favorable  disposition. 
This  State  has  long  had  the  character  of  being  anti-federal. 
Whether  she  will  purge  herself  of  it  on  this  occasion,  or  not,  is 
yet  to  be  ascertained.  Most  of  the  respectable  characters  are 
zealous  on  the  right  side.  The  party  in  power  is  suspected,  on 
good  grounds,  to  be  on  the  wrong  one.  New  Jersey  adopts 
eagerly  the  Constitution.  Pennsylvania  is  considerably  divided; 
but  the  majority  are,  as  yet,  clearly  with  the  Convention.  I 
have  no  very  late  information  from  Maryland.  The  reports  are, 
that  the  opposition  will  make  no  great  figure.  Not  a  word  has 
been  heard  from  the  States  South  of  Virginia,  except  from  the 
lower  parts  of  North  Carolina,  where  the  Constitution  was  well 
received.  There  can  be  little  doubt,  I  think,  that  the  three 
Southern  States  will  go  right,  unless  the  conduct  of  Virginia 
were  to  mislead  them.  I  enclose  two  of  the  last  newspapers  of 
this  place,  to  which  I  add  one  of  Philada,  containing  the  report 
of  a  late  important  decision  of  the  Supreme  Court  there.  If 
the  report  be  faithful,  I  suspect  it  will  not  give  you  a  high  idea 
of  the  chancery  knowledge  of  the  Chief  Justice. 

I  am,  dear  sir,  with  sincere  affection,  your  obt  friend  and 
serv*. 


360  WORKS    OF    MADISON.  1787. 

TO   GENERAL  WASHINGTON. 

NEW  YOKE,  November  18,  1787. 

DEAR  SIR, — Your  favour  of  the  5th  instant  found  me  in  Phil- 
adelphia, whither  I  had  proceeded,  under  arrangements  for  pro- 
ceeding to  Virginia  or  returning  to  this  place,  as  I  might  there 
decide.  I  did  not  acknowledge  it  in  Philadelphia,  because -I 
had  nothing  to  communicate  which  you  would  not  receive  more 
fully  and  correctly  from  the  Mr.  Morrises,  who  were  setting  out 
for  Virginia. 

All  my  informations  from  Richmond  concur  in  representing 
the  enthusiasm  in  favor  of  the  new  Constitution  as  subsiding, 
and  giving  place  to  a  spirit  of  criticism.  I  was  fearful  of  such 
an  event  from  the  influence  and  co-operation  of  some  of  the  ad- 
versaries. I  do  not  learn,  however,  that  the  cause  has  lost  its 
majority  in  the  Legislature,  and  still  less  among  the  people  at 
large. 

I  have  nothing  to  add  to  the  information  heretofore  given 
concerning  the  progress  of  the  Constitution  in  other  States. 
Mr.  Gerry  has  presented  his  objections  to  the  Legislature  in  a 
letter  addressed  to  them,  and  signified  his  readiness,  if  desired, 
to  give  the  particular  reasons  on  which  they  were  founded. 
The  Legislature,  it  seems,  decline  the  explanation,  either  from 
a  supposition  that  they  have  nothing  further  to  do  in  the  busi- 
ness, having  handed  it  over  to  the  Convention,  or  from  an  un- 
willingness to  countenance  Mr.  Gerry's  conduct,  or  from  both 
of  these  considerations.  It  is  supposed  that  the  promulgation 
of  this  letter  will  shake  the  confidence  of  some,  and  embolden 
the  opposition  of  others  in  that  State;  but  I  cannot  discover 
any  ground  for  distrusting  the  prompt  and  decided  concurrence 
of  a  large  majority. 

I  enclose  herewith  the  seven  first  numbers  of  the  Federalist, 
a  paper  addressed  to  the  people  of  this  State.  They  relate  en- 
tirely to  the  importance  of  the  Union.  If  the  whole  plan  should 
be  executed,  it  will  present  to  the  public  a  full  discussion  of  the 
merits  of  the  proposed  Constitution  in  all  its  relations.  From 
the  opinion  I  have  formed  of  the  views  of  a  party  in  Virginia, 


1787.  LETTERS.  361 

I  am  inclined  to  think  that  the  observations  on  the  first  branch 
of  the  subject  may  not  be  superfluous  antidotes  in  that  State, 
any  more  than  in  this.  If  you  concur  with  me,  perhaps  the 
papers  may  be  put  into  the  hands  of  some  of  your  confidential 
correspondents  at  Richmond,  who  would  have  them  reprinted 
there.  I  will  not  conceal  from  you  that  I  am  likely  to  have 
such  a  degree  of  connection  with  the  publication  here  as  to  af- 
ford a  restraint  of  delicacy  from  interesting  myself  directly  in 
the  republication  elsewhere.  You  will  recognize  one  of  the 
pens  concerned  in  the  task.  There  are  three  in  the  whole.  A 
fourth  may  possibly  bear  a  part. 

The  intelligence  by  the  packet,  as  far  as  I  have  collected  it, 
is  contained  in  the  Gazette  of  yesterday. 

Virginia  is  the  only  State  represented,  as  yet.  When  a  Con- 
gress will  be  formed  is  altogether  uncertain.  It  is  not  very 
improbable,  I  think,  that  the  interregnum  may  continue  through- 
out the  winter. 

With  every  sentiment,  &c. 


TO  GENERAL  WASHINGTON. 

NEW  YORK,  November  20,  1787. 

DEAR  SIR, — My  last  enclosed  the  seven  first  numbers  of  the 
paper  of  which  I  gave  you  some  account.  I  now  add  the  seven 
following  numbers,  which  close  the  first  branch  of  the  subject — 
the  importance  of  the  Union.  The  succeeding  papers  shall  be 
forwarded  from  time  to  time  as  they  come  out. 

The  latest  authentic  information  from  Europe  places  the 
Dutch  in  a  wretched  situation.  The  patriots  will  probably  de- 
pend, in  the  event,  on  external  politics  for  the  degree  of  secu- 
rity and  power  that  may  be  left  them.  The  Turks  and  Russians 
have  begun  a  war  in  that  quarter,  and  a  general  one  is  not  im- 
probable. 

I  have  heard  nothing  of  consequence  lately  concerning  the 
progress  of  the  new  Constitution.  The  Pennsylvania  Conven- 


362  WORKS    OF    MADISON.  1787. 

tion  has  probably  by  this  time  come  to  a  decision,  but  it  is  not 
known  here. 

Not  more  than  two  or  three  States  are  yet  convened.  The 
prospect  of  a  quorum  during  the  winter  continues  precarious. 

With  every  sentiment  of  respect  and  attachment,  I  remain, 
Dear  Sir,  your  affect",  humble  serv*. 


TO  GENERAL  WASHINGTON. 

NEW  YORK,  December  7,  1787. 

DEAR  SIR, — My  last  enclosed  a  continuation  of  the  Federalist 
to  number  14,  inclusive.  I  now  add  the  numbers  which  have 
succeeded. 

No  authentic  information  has  yet  arrived  concerning  the  pos- 
ture of  Europe.  Reports,  with  some  less  doubtful  symptoms, 
countenance  the  suspicions  of  war. 

I  understand  that  the  Constitution  will  certainly  be  adopted 
in  Connecticut,  the  returns  of  the  Deputies  being  now  known, 
and  a  very  great  majority  found  to  be  its  declared  and  firm 
friends.  There  will  be  more  opposition  in  Massachusetts,  but 
its  friends  there  continue  to  be  very  sanguine  of  victory.  New 
Hampshire,  as  far  as  I  can  learn,  may  be  set  down  on  the  right 
list. 

I  remain,  dear  Sir,  with  the  highest  respect  and  the  most 
unfeigned  attachment,  your  obedient,  humble  servant. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  December  9th,  1787. 

DEAR  SIR, — Your  favor  of  the  17th  of  September,  with  sun- 
dry other  letters  and  packets,  came  duly  by  the  last  packet. 
Such  of  them  as  were  addressed  to  others  were  duly  forwarded. 
The  three  boxes,  marked  I.  M.,  G.  W.,  and  A.  D.,  it  appears, 


1787.  LETTERS.  353 

•were  never  shipped  from  Havre.  Whenever  they  arrive  your 
commands  with  regard  to  the  two  last  shall  be  attended  to,  as 
well  as  those  relating  to  some  of  the  contents  of  the  first.  I 
have  not  been  able  to  get  any  satisfactory  account  of  William 
S.  Browne.  Alderman  Broom  tells  me  that  he  professed  to  re- 
ceive the  money  from  him  for  the  use  of  Mr.  Burke.  I  shall 
not  lose  sight  of  the  subject,  and  will  give  you  the  earliest  in- 
formation of  the  result  of  my  enquiries. 

The  annexed  list  of  trees  will  shew  you  that  I  have  ventured 
to  substitute  half  a  dozen  sorts  of  apples  in  place  of  the  pippins 
alone,  and  to  add  8  other  sorts  of  American  Trees,  including 
twenty  of  the  Sugar  maple.  They  were  obtained  from  a  Mr. 
Prince,  in  the  neighborhood  of  this  city,  who  deals  largely  in 
this  way,  and  is  considered  as  a  man  of  worth.  I  learn  from 
him  that  he  has  executed  various  commissions  for  Europe  and 
the  West  Indies,  as  well  as  places  less  distant,  and  that  he  has 
been  generally  very  successful  in  preserving  the  trees  from  per- 
ishing by  such  distant  transplantations.  He  does  not  use  moss, 
as  you  prescribe,  but  encloses  the  roots  in  a  bag  of  earth.  As 
moss  is  not  to  be  got,  he  says,  it  is  uncertain  whether  necessity 
or  choice  gives  the  preference  to  the  latter.  I  enclose  a  cata- 
logue of  his  nursery,  and  annex  the  price  of  the  sample  I  send 
you,  that  you  may,  if  you  incline,  give  orders  for  any  other  sup- 
ply. I  doubt  whether  the  Virginia  Red  Birds  are  found  in  this 
part  of  America.  Opossums  are  not  rare  in  the  milder  parts 
of  New  Jersey,  but  are  very  rare  this  far  Northward.  I  shall, 
nevertheless,  avail  myself  of  any  opportunities  which  may  hap- 
pen for  procuring  and  forwarding  both. 

Along  with  the  box  of  trees,  I  send  by  the  packet,  to  the  care 
of  Mr.  Limosin,  two  barrels  of  New-town  pippins,  and  two  of 
Cranberries.  In  one  of  the  latter  the  Cranberries  are  put  up 
dry,  in  the  other  in  water;  the  opinions  and  accounts  differing 
as  to  the  best  mode,  you  will  note  the  event  of  the  experiment. 

The  Constitution  proposed  by  the  late  Convention  engrosses 
almost  the  whole  political  attention  of  America.  All  the  Legis- 
latures, except  that  of  Rhode  Island,  which  has  assembled,  have 
agreed  in  submitting  it  to  State  Conventions.  Virginia  has 


364  WORKS    OF    MADISON.  1787. 

set  the  example  of  opening  a  door  for  amendments,  if  the  Con- 
vention there  should  chuse  to  propose  them.  Maryland  has 
copied  it.  The  States  which  preceded  referred  the  Constitu- 
tion, as  recommended  by  the  General  Convention,  to  be  ratified 
or  rejected  as  it  stands.  The  Convention  of  Pennsylvania  is 
now  sitting.  There  are  about  44  or  45  on  the  affirmative,  and 
about  half  that  number  on  the  opposite  side;  a  considerable 
number  of  the  Constitutional  party,  as  it  was  called,  having 
joined  the  other  party  in  espousing  the  Federal  Constitution. 
The  returns  of  deputies  for  the  Convention  of  Connecticut  are 
known,  and  prove,  as  is  said  by  those  who  know  the  men,  that 
a  very  great  majority  will  adopt  it  in  that  State. 

The  event  in  Massachusetts  lies  in  greater  uncertainty.  The 
friends  of  the  New  Government  continue  to  be  sanguine.  New 
Hampshire,  from  every  account,  as  well  as  from  some  general 
inducements  felt  there,  will  pretty  certainly  be  on  the  affirma- 
tive side.  So  will  New  Jersey  and  Delaware.  New  York  is 
much  divided.  She  will  hardly  dissent  from  New  England,  par- 
ticularly if  the  conduct  of  the  latter  should  coincide  with  that 
of  New  Jersey  and  Pennsylvania.  A  more  formidable  opposi- 
tion is  likely  to  be  made  in  Maryland  than  was  at  first  conjec- 
tured. Mr.  Mercer,  it  seems,  who  was  a  member  of  the  Con- 
vention, though  his  attendance  was  but  for  a  short  time,  is  be- 
come an  auxiliary  to  Chase.  Johnson,  the  Carrolls,  Governor 
Lee,  and  most  of  the  other  characters  of  weight,  are  on  the 
other  side.  Mr.  T.  Stone  died  a  little  before  the  Government 
was  promulged. 

The  body  of  the  people  in  Virginia,  particularly  in  the  upper 
and  lower  Country,  and  in  the  Northern  neck,  are,  as  far  as  I 
can  gather,  much  disposed  to  adopt  the  New  Constitution.  The 
middle  Country,  and  the  South  side  of  James  River,  are  prin- 
cipally in  the  opposition  to  it.  As  yet  a  large  majority  of  the 
people  are  under  the  first  description;  as  yet,  also,  are  a  major- 
ity of  the  Assembly.  What  change  may  be  produced  by  the 
united  influence  and  exertions  of  Mr.  Henry,  Mr.  Mason,  and 
the  Governor,  with  some' pretty  able  auxiliaries,  is  uncertain. 
My  information  leads  me  to  suppose  there  must  be  three  parties 


1787.  LETTERS.  365 

in  Virginia.  The  first,  for  adopting  without  attempting  amend- 
ments. This  includes  General  Washington  and  the  other  depu- 
ties who  signed  the  Constitution,  Mr.  Pendleton,  (Mr.  Marshall, 
I  believe,)  Mr.  Nicholas,  Mr.  Corbin,  Mr.  Zachy  Johnson,  Col. 
Innes,  (Mr.  B.  Randolph,  as  I  understand,)  Mr.  Harvey,  Mr. 
Gabriel  Jones,  Doctor  Jones,  <fec.,  &c.  At  the  head  of  the  sec- 
ond party,  which  urges  amendments,  are  the  Governor  and  Mr. 
Mason.  These  do  not  object  to  the  substance  of  the  Govern- 
ment, but  contend  for  a  few  additional  guards  in  favor  of  the 
rights  of  the  States  and  of  the  people.  I  am  not  able  to  enu- 
merate the  characters  which  fall  in  with  their  ideas,  as  distin- 
guished from  those  of  a  third  class,  at  the  head  of  which  is  Mr. 
Henry.  This  class  concurs  at  present  with  the  patrons  of 
amendments,  but  will  probably  contend  for  such  as  strike  at 
the  essence  of  the  system,  and  must  lead  to  an  adherence  to  the 
principle  of  the  existing  confederation,  which  most  thinking 
men  are  convinced  is  a  visionary  one,  or  to  a  partition  of  the 
Union  into  several  Confederacies. 

Mr.  Harrison,  the  late  Governor,  is  with  Mr.  Henry.  So 
are  a  number  of  others.  The  General  and  Admiralty  Courts, 
with  most  of  the  Bar,  oppose  the  Constitution,  but  on  what  par- 
ticular grounds  I  am  unable  to  say.  General  Nelson,  Mr.  John 
Page,  Col.  Bland,  &c.,  are  also  opponents,  but  on  what  princi- 
ple and  to  what  extent  I  am  equally  at  a  loss  to  say.  In  gen- 
eral, I  must  note  that  I  speak  with  respect  to  many  of  these 
names  from  information  that  may  not  be  accurate,  and  merely 
as  I  should  do  in  a  free  and  confidential  conversation  with  you. 
I  have  not  yet  heard  Mr.  Wythe's  sentiments  on  the  subject. 
Doctor  McClurg,  the  other  absent  deputy,  is  a  very  strenuous 
defender  of  the  new  Government.  Mr.  Henry  is  the  great  ad- 
versary who  will  render  the  event  precarious.  He  is,  I  find, 
with  his  usual  address,  working  up  every  possible  interest  into 
a  spirit  of  opposition. 

It  is  worthy  of  remark,  that  whilst  in  Virginia,  and  some  of 
the  other  States  in  the  middle  and  Southern  Districts  of  the 
Union,  the  men  of  intelligence,  patriotism,  property,  and  inde- 
pendent circumstances,  are  thus  divided,  all  of  this  description, 


366  WOKKS    OF    MADISON.  1787. 

with  a  few  exceptions,  in  the  Eastern  States,  and  most  of  the 
Middle  States,  are  zealously  attached  to  the  proposed  Constitu- 
tion. In  New  England,  the  men  of  letters,  the  principal  officers 
of  Government,  the  Judges  and  lawyers,  the  Clergy,  and  men 
of  property,  furnish  only  here  and  there  an  adversary.  It  is 
not  less  worthy  of  remark,  that  in  Virginia,  where  the  mass  of 
the  people  have  been  so  much  accustomed  to  be  guided  by  their 
rulers  on  all  new  and  intricate  questions,  they  should  on  the 
present,  which  certainly  surpasses  the  judgment  of  the  greater 
part  of  them,  not  only  go  before,  but  contrary  to  their  most 
popular  leaders.  And  the  phenomenon  is  the  more  wonderful, 
as  a  popular  ground  is  taken  by  all  the  adversaries  to  the  new 
Constitution.  Perhaps  the  solution  in  both  these  cases  would 
not  be  very  difficult;  but  it  would  lead  to  observations  too  dif- 
fusive, and  to  you  unnecessary.  I  will  barely  observe  that  the 
case  in  Virginia  seems  to  prove  that  the  body  of  sober  and 
steady  people,  even  of  the  lower  order,  are  tired  of  the  vicissi- 
tudes, injustice,  and  follies,  which  have  so  much  characterized 
public  measures,  and  are  impatient  for  some  change  which  prom- 
ises stability  and  repose. 

The  proceedings  of  the  present  Assembly  are  more  likely  to 
cherish  than  remove  this  disposition.  I  find  Mr.  Henry  has 
carried  a  Resolution  for  prohibiting  the  importation  of  Rum, 
brandy,  and  other  ardent  spirits;  and  if  I  am  not  misinformed, 
all  manufactured  leather,  hats,  and  sundry  other  articles,  are 
included  in  the  prohibition.  Enormous  duties,  at  least,  are 
likely  to  take  place  on  the  last  and  many  other  articles.  A 
project  of  this  sort,  without  the  concurrence  of  the  other  States, 
is  little  short  of  madness.  With  such  concurrence,  it  is  not 
practicable  without  resorting  to  expedients  equally  noxious  to 
liberty  and  economy.  The  consequences  of  the  experiment  in  a 
single  State  as  unprepared  for  manufactures  as  Virginia  may 
easily  be  preconceived. 

The  Revised  Code  will  not  be  resumed.  Mr.  Henry  is  an 
inveterate  adversary  to  it.  Col.  Mason  made  a  regular  and 
powerful  attack  on  the  port  Bill,  but  was  left  in  a  very  small 
minority.  I  found  at  the  last  session  that  that  regulation  was 


1787.  LETTERS.  367 

not  to  be  shaken,  though  it  certainly  owes  its  success  less  to  its 
principal  merits  than  to  collateral  and  casual  considerations. 
The  popular  ideas  are,  that  by  favoring  the  collection  of  duties 
on  imports,  it  saves  the  solid  property  from  direct  taxes;  and 
that  it  injures  Great  Britain  by  lessening  the  advantage  she  has 
over  other  nations  in  the  trade  of  Virginia. 

We  have  no  certain  information  from  the  three  Southern 
States  concerning  the  temper  relative  to  the  new  Government. 
It  is  in  general  favorable,  according  to  the  vague  accounts  we 
have.  Opposition,  however,  will  be  made  in  each.  Mr.  Wiley 
Jones  and  Governor  Caswell  have  been  named  as  opponents  in 
North  Carolina. 

So  few  particulars  have  come  to  hand  concerning  the  state  of 
things  in  Georgia,  that  I  have  nothing  to  add,  on  that  subject, 
to  the  contents  of  my  last  by  Commodore  Jones. 

We  have  two  or  three  States  only  yet  met  for  Congress.  As 
many  more  can  be  called  in,  when  their  attendance  will  make  a 
quorum.  It  continues  to  be  problematical  whether  the  inter- 
regnum will  not  be  spun  out  through  the  winter. 

We  remain  in  great  uncertainty  here  with  regard  to  a  war  in 
Europe.  Reports  and  suspicions  are  strongly  on  the  side  of  one. 
Such  an  event  may  be  considered  in  various  relations  to  this 
country.  It  is  pretty  certain,  I  think,  that  if  the  present  lax 
state  of  our  General  Government  should  continue,  we  shall  not 
only  lose  certain  capital  advantages  which  might  be  drawii 
from  it,  but  be  in  danger  of  being  plunged  into  difficulties, 
which  may  have  a  very  serious  effect  on  our  future  fortunes. 


TO  GENERAL  WASHINGTON. 

NEW  YOBK,  December  14, 1787. 

DEAR  SIR, — Along  with  this  are  enclosed  a  few  copies  of  the 
latest  gazettes,  containing  the  additional  papers  in  favor  of  the 
federal  Constitution. 

I  find  by  letters  from  Richmond  that  the  proceedings  of  the 
Assembly  are,  as  usual,  rapidly  degenerating  with  the  progress 


368  WORKS    OF    MADISON.  1787. 

of  the  Session;  and  particularly  that  the  force  opposed  to  the 
act  of  the  Convention  has  gained  the  ascendance.  There  is 
still,  nevertheless,  a  hope  left  that  different  characters  and  a 
different  spirit  may  prevail  in  their  successors,  who  are  to  make 
the  final  decision.  In  one  point  of  view,  the  present  Assembly 
may,  perhaps,  be  regarded  as  pleading  most  powerfully  the  cause 
of  the  new  government,  for  it  is  impossible  for  stronger  proofs 
to  be  found  than  in  their  conduct  of  the  necessity  of  some  such 
anchor  against  the  fluctuations  which  threaten  to  shipwreck  our 
liberty. 

I  am,  dear  Sir,  with  the  most  sincere  and  perfect  esteem,  your 
affect8  and  obt  humble  servant. 


TO  GENERAL  WASHINGTON. 

NEW  YORK,  December  26,  1787. 

DEAR  SIR, — I  am  just  informed  by  a  Delegate  from  New 
Hampshire  that  he  has  a  letter  from  President  Sullivan,  which 
tells  him  that  the  Legislature  had  unanimously  agreed  to  call  a 
Convention,  as  recommended,  to  meet  in  February.  The  second 
Wednesday  is  the  day,  if  I  have  not  mistaken  it.  We  have  no 
further  information  of  much  importance  from  Massachusetts. 
It  appears  that  Cambridge,  the  residence  of  Mr.  Gerry,  has 
left  him  out  of  the  choice  for  the  Convention,  and  put  in  Mr. 
Dana,  formerly  Minister  of  the  United  States  in  Europe,  and 
another  gentleman,  both  of  them  firmly  opposed  to  Mr.  Gerry's 
politics.  I  observe,  too,  in  a  Massachusetts  paper,  that  the 
omission  of  Col.  Mason's  objection  with  regard  to  commerce,  in 
the  first  publication  of  his  objections,  has  been  supplied.  This 
will  more  than  undo  the  effect  of  the  mutilated  view  of  them. 
New  Jersey,  the  newspapers  tell  us,  has  adopted  the  Constitu- 
tion unanimously.  Our  European  intelligence  remains  perfectly 
as  it  stood  at  the  date  of  my  last. 

With  the  most  affectionate  esteem  and  attachment,  I  am,  D* 
Sir,  your  obt  and  very  humble  serv'. 


1788.  LETTERS.  369 


TO  GENERAL  WASHINGTON". 

NEW  YORK,  January  14,  1788. 

DEAR  SIR, — The  daily  Advertiser  of  this  date  contains  seve- 
ral important  articles  of  information,  which  need  only  to  be 
referred  to.  I  enclose  it,  with  a  few  other  late  papers.  Neither 
French  nor  English  packet  is  yet  arrived,  and  the  present 
weather  would  prevent  their  getting  in  if  they  should  be  on  the 
coast.  I  have  heard  nothing  of  consequence  from  Massachusetts 
since  my  last.  The  accounts  from  New  Hampshire  continue  to 
be  as  favorable  as  could  be  wished.  From  South  Carolina  we 
get  no  material  information.  A  letter  from  Georgia  of  the  25th 
of  December  says  that  the  Convention  was  getting  together  at 
Augusta,  and  that  everything  wore  a  federal  complexion. 
North  Carolina,  it  seems,  has  been  so  complaisant  to  Virginia 
as  to  postpone  her  Convention  'till  July.  We  are  without  a 
Congress. 

With  perfect  esteem  and  attachment,  I  remain,  Dear  Sir,  your 
most  obed'  humble  servant. 


TO   GENERAL  WASHINGTON. 

NEW  YORK,  January  20,  1788. 

DEAR  SIR, — The  Count  de  Moustier  arrived  here  a  few  days 
ago,  as  successor  to  the  Chevalier  de  la  Luzerne.  His  passage 
has  been  so  tedious  that  I  am  not  sure  that  the  despatches  from 
Mr.  Jefferson  make  any  considerable  addition  to  former  intelli- 
gence. I  have  not  yet  seen  them,  but  am  told  that  this  is  the 
case.  In  general,  it  appears  that  the  affairs  of  Holland  are  put 
into  a  pacific  train.  The  Prussian  troops  are  to  be  withdrawn, 
and  the  event  settled  by  negotiations.  But  it  is  still  possible 
that  the  war  between  the  Russians  and  Turks  may  spread  a 
general  flame  throughout  Europe. 

The  intelligence  from  Massachusetts  begins  to  be  very  omi- 
nous to  the  Constitution.  The  anti-federal  party  is  reinforced 

VOL.  i.  24 


370  WORKS    OF    MADISON. 

by  the  insurgents,  and  by  the  province  of  Maine,  which  appre- 
hends greater  obstacles  to  the  scheme  of  a  separate  government 
from  the  new  system  than  may  be  otherwise  experienced;  and, 
according  to  the  prospect  at  the  date  of  the  last  letters,  there 
was  very  great  reason  to  fear  that  the  voice  of  that  State  would 
be  in  the  negative.  The  operation  of  such  an  event  on  this 
State  may  easily  be  foreseen.  Its  Legislature  is  now  sitting, 
and  is  much  divided.  A  majority  of  the  Assembly  are  said  to 
be  friendly  to  the  merits  of  the  Constitution.  A  majority  of 
the  Senators  actually  convened  are  opposed  to  a  submission  of 
it  to  a  Convention.  The  arrival  of  the  absent  members  will 
render  the  voice  of  that  branch  uncertain  on  the  point  of  a 
Convention.  The  decision  of  Massachusetts  either  way  will 
involve  the  result  in  this  State.  The  minority  in  Pennsylvania 
is  very  restless  under  their  defeat.  If  they  can  get  an  assem- 
bly to  their  wish,  they  will  endeavour  to  undermine  what  has 
been  done  there.  If  backed  by  Massachusetts,  they  will  prob- 
ably be  emboldened  to  make  some  more  rash  experiment.  The 
information  from  Georgia  continues  to  be  favorable.  The  little 
we  get  from  South  Carolina  is  of  the  same  complexion. 

If  I  am  not  misinformed  as  to  the  arrival  of  some  members 
for  Congress,  a  quorum  is  at  length  made  up. 

With  the  most  perfect  esteem  and  attachment,  I  remain,  dear 
sir,  your  obt  and  humble  servant. 


TO   GENERAL  WASHINGTON. 

NEW  YORK,  January  25,  1788. 

DEAR  SIR, — I  have  been  favored  since  my  last  with  yours  of 
the  10th  instant,  with  a  copy  of  the  Governor's  letter  to  the 
Assembly.  I  do  not  know  what  impression  the  letter  may  make 
in  Virginia.  It  is  generally  understood  here  that  the  argu- 
ments contained  in  it  in  favor  of  the  Constitution  are  much 
stronger  than  the  objections  which  prevented  his  assent.  His 
arguments  are  forcible  in  all  places,  and  with  all  persons.  His 


1788.  LETTERS.  371 

objections  are  connected  with  his  particular  way  of  thinking  on 
the  subject,  in  which  many  of  the  adversaries  to  the  Constitu- 
tion do  not  concur. 

The  information  from  Boston  by  the  mail  on  the  evening  be- 
fore last  has  not  removed  our  suspense.  The  following  is  an 
extract  of  a  letter  from  Mr.  King,  dated  on  the  16th  instant: 

"  We  may  have  360  members  in  our  Convention.  Not  more 
than  330  have  yet  taken  their  seats.  Immediately  after  the 
settlement  of  elections,  the  Convention  resolved  that  they  would 
consider  and  freely  debate  on  each  paragraph,  without  taking 
a  question  on  any  of  them  individually;  and  that  on  the  ques- 
tion whether  they  would  ratify,  each  member  should  be  at  lib- 
erty to  discuss  the  plan  at  large.  This  Resolution  seems  to 
preclude  the  idea  of  amendments;  and  hitherto  the  measure  has 
not  been  suggested.  I,  however,  do  not,  from  this  circumstance, 
conclude  that  it  may  not  hereafter  occur.  The  opponents  of 
the  Constitution  moved  that  Mr.  Gerry  should  be  requested  to 
take  a  seat  in  the  Convention,  to  answer  such  enquiries  as  the 
Convention  should  make  concerning  facts  which  happened  in 
the  passing  of  the  Constitution.  Although  this  seems  to  be  a 
very  irregular  proposal,  yet,  considering  the  jealousies  which 
prevail  with  those  who  made  it,  who  are  certainly  not  the  most 
enlightened  part  of  the  Convention,  and  the  doubt  of  the  issue 
had  it  been  made  a  trial  of  strength,  several  friends  of  the  Con- 
stitution united  with  the  opponents,  and  the  resolution  was 
agreed  to,  and  Mr.  Gerry  has  taken  his  seat.  To-morrow,  we 
are  told,  certain  enquiries  are  to  be  moved  for  by  the  opposi- 
tion, and  that  Mr.  Gerry,  under  the  idea  of  stating  facts,  is  to 
state  his  reasons,  &c.  This  will  be  opposed,  and  we  shall,  on 
the  division,  be  able  to  form  some  idea  of  our  relative  strength. 
From  the  men  who  are  in  favor  of  the  Constitution  every  rea- 
sonable explanation  will  be  given,  and  arguments  really  new, 
and  in  my  judgment  most  excellent,  have  been  and  will  be  pro- 
duced in  its  support.  But  what  will  be  its  fate,  I  confess  I  am 
unable  to  discern.  No  question  ever  classed  the  people  of  this 
State  in  a  more  extraordinary  manner,  or  with  more  apparent 
firmness." 


372  WORKS    OF    MADISON.  1788. 

A  Congress  of  seven  States  was  made  up  on  Monday.  Mr. 
C.  Griffin  has  been  placed  in  the  chair.  This  is  the  only  step 
yet  taken. 

I  remain,  with  the  highest  respect  and  attachment,  yours  af- 
fectionately. 


TO    GENERAL   WASHINGTON. 

NEW  YORK,  January  28,  1788. 

DEAR  SIR, — The  information  which  I  have  by  the  Eastern 
mail  rather  increases  than  removes  the  anxiety  produced  by  the 
last.  I  give  it  to  you  as  I  have  received  it,  in  the  words  of  Mr. 

King: 

"  BOSTON,  20  January,  1788. 

"Our  Convention  proceeds  slowly.  An  apprehension  that 
the  liberties  of  the  people  are  in  danger,  and  a  distrust  of  men 
of  property  or  education,  have  a  more  powerful  effect  upon  the 
minds  of  our  opponents  than  any  specific  objections  against  the 
Constitution.  If  the  opposition  was  grounded  on  any  precise 
points,  I  am  persuaded  that  it  might  be  weakened,  if  not  en- 
tirely overcome.  But  any  attempt  to  remove  their  fixed  and 
violent  jealousy  seems  hitherto  to  operate  as  a  confirmation  of 
that  baneful  passion.  The  opponents  affirm  to  each  other  that 
they  have  an  unalterable  majority  on  their  side.  The  friends 
doubt  the  strength  of  their  adversaries,  but  are  not  entirely 
confident  of  their  own.  An  event  has  taken  place  relative  to 
Mr.  Gerry,  which,  without  great  caution,  may  throw  us  into 
confusion.  I  informed  you  by  the  last  post  on  what  terms  Mr. 
Gerry  took  a  seat  in  the  Convention.  Yesterday,  in  the  course 
of  Debate  on  the  Construction  of  the  Senate,  Mr.  G.,  unasked, 
informed  the  Convention  that  he  had  some  information  to  give 
the  Convention  on  the  subject  then  under  discussion.  Mr.  Dana 
and  a  number  of  the  most  respectable  members  remarked  upon 
the  impropriety  of  Mr.  G.'s  conduct.  Mr.  G.  rose  with  a  view 
to  justify  himself.  He  was  immediately  prevented  by  a  number 


1788.  LETTERS.  373 

of  objectors.  This  brought  on  an  irregular  conversation  whether 
Mr.  G.  should  be  heard.  The  hour  of  adjournment  arrived,  and 
the  President  adjourned  the  House.  Mr.  Gerry  immediately 
charged  Mr.  Dana  with  a  design  of  injuring  his  reputation  by 
partial  information,  and  preventing  his  having  an  opportunity 
to  communicate  important  truths  to  the  Convention.  This 
charge  drew  a  warm  reply  from  Mr.  Dana.  The  members  col- 
lected about  them,  took  sides  as  they  were  for  or  against  the 
Constitution,  and  we  were  in  danger  of  the  utmost  confusion. 
However,  the  gentlemen  separated,  and  I  suppose  to-morrow 
morning  will  renew  the  discussion  before  the  Convention.  I 
shall  be  better  able  to  conjecture  the  final  issue  by  next  post." 

There  are  other  letters  of  the  same  date  from  other  gentle- 
men on  the  spot,  which  exhibit  rather  a  more  favorable  prospect. 
Some  of  them,  I  am  told,  are  even  flattering.  Accounts  will 
always  vary  in  such  cases,  because  they  must  be  founded  on 
different  opportunities  of  remarking  the  general  complexion, 
where  they  take  no  tincture  from  the  opinions  or  temper  of  the 
writer. 

I  remain,  dear  Sir,  with  the  most  perfect  esteem  and  attach- 
ment, your  obt  serv*. 


TO  GENERAL  WASHINGTON. 

NEW  YORK,  February  1,  1788. 

DEAR  SIR, — The  eastern  mail  which  arrived  yesterday  brought 
me  a  letter  from  Mr.  King,  of  which  a>copy  follows: 

"  Our  prospects  are  gloomy,  but  hope  is  not  entirely  extin- 
guished. Gerry  has  not  returned  to  the  Convention,  and  I 
think  will  not  again  be  invited.  We  are  now  thinking  of 
amendments  to  be  submitted,  not  as  a  condition  of  our  assent 
and  ratification,  but  as  the  opinion  of  the  Convention  subjoined 
to  their  ratification.  This  scheme  may  gain  a  few  members,  but 
the  issue  is  doubtful." 

In  this  case,  as  in  the  last,  Mr.  King's  information  is  accom- 


374  WORKS    OF    MADISON.  1788. 

panied  with  letters  from  other  persons  on  the  spot,  •which  dwell 
more  on  the  favorable  side  of  the  prospect.  His  anxiety  on  the 
subject  may  give  a  greater  activity  to  his  fears  than  to  his 
hopes,  and  he  would  naturally  lean  to  the  cautious  side.  These 
circumstances  encourage  me  to  put  as  favorable  a  construction 
on  his  letter  as  it  will  bear. 

A  vessel  is  arrived  here  from  Charleston,  which  brings  let- 
ters that  speak  with  confidence  of  an  adoption  of  the  federal 
Constitution  in  that  State,  and  make  it  very  probable  that 
Georgia  had  actually  adopted  it.  Some  letters  from  North 
Carolina  speak  a  very  equivocal  language  as  to  the  prospect 
there. 

The  French  Packet  arrived  yesterday.  As  she  has  been  out 
since  early  in  November,  little  news  can  be  expected  by  her.  I 
have  not  yet  got  my  letters,  if  there  be  any  for  me,  and  I  have 
heard  the  contents  of  no  others. 

I  remain,  Dear  Sir,  with  the  utmost  respect  and  attachment, 
your  affectionate  ser\rt. 


TO   GENERAL  WASHINGTON. 

NEW  YORK,  February  8,  1788. 

DEAR  SIR, — The  prospect  in  Massachusetts  seems  to  brighten, 
if  I  view  in  the  true  light  the  following  representation  of  it: 
"  This  day,  (January  30,)  for  the  first  time,  our  President,  Mr. 
Hancock,  took  his  seat  in  Convention,  and  we  shall  probably 
terminate  our  business  on  Saturday  or  tuesday  next.  I  cannot 
predict  the  issue,  but  our  hopes  are  increasing.  If  Mr.  Han- 
cock does  not  disappoint  our  present  expectations,  our  wishes 
will  be  gratified."  Several  reflections  are  suggested  by  this 
paragraph  which  countenance  a  favorable  inference  from  it.  I 
hope,  from  the  rapid  advance  towards  a  conclusion  of  the  busi- 
ness, that  even  the  project  of  recommendatory  alterations  has 
been  dispensed  with. 

The  form  of  the  ratification  of  Georgia  is  contained  in  one 


1788.  LETTERS.  375 

of  the  papers  herewith  enclosed.  Every  information  from 
South  Carolina  continues  to  be  favorable.  I  have  seen  a  letter 
from  North  Carolina,  of  pretty  late  date,  which  admits  that  a 
very  formidable  opposition  exists,  but  leans  towards  a  federal 
result  in  that  State.  As  far  as  I  can  discover,  the  state  of  the 
question  in  North  Carolina  is  pretty  analogous  to  that  in  Vir- 
ginia. The  body  of  the  people  are  better  disposed  than  some 
of  a  superior  order.  The  Resolutions  of  New  York  for  calling 
a  convention  appear,  by  the  paper,  to  have  passed  by  a  majority 
of  two  only  in  the  House  of  Assembly.  I  am  told  this  pro- 
ceeded in  some  degree  from  an  injudicious  form  in  which  the 
business  was  conducted,  and  which  threw  some  of  the  federal- 
ists into  the  opposition. 

I  am  just  informed  by  a  gentleman  who  has  seen  another  let- 
ter from  Boston,  of  the  same  date  with  mine,  that  the  plan  of 
recommendatory  alterations  has  not  been  abandoned,  but  that 
they  will  be  put  into  a  harmless  form,  and  will  be  the  means  of 
saving  the  Constitution  from  all  risk  in  Massachusetts. 

With  the  highest  respect  and  attachment,  I  remain,  Dear 
Sir,  yr  affect6  and  hum16  serv*. 


TO  GENERAL  WASHINGTON. 

NEW  YORK,  February  11,  1788. 

DEAR  SIR, — The  newspaper  enclosed,  with  the  letter  which 
follows,  comprises  the  information  brought  me  by  the  mail  of 
yesterday: 

"BOSTON,  Feb?  3. 

"I  enclose  a  newspaper  containing  the  propositions  commu- 
nicated by  Mr.  Hancock  to  the  Convention  on  Thursday  last. 
Mr.  Samuel  Adams,  who,  contrary  to  his  own  sentiments,  has 
been  hitherto  silent  in  Convention,  has  given  his  public  and  ex- 
plicit approbation  of  Mr.  Hancock's  propositions.  We  flatter 
ourselves  that  the  weight  of  these  two  characters  will  ensure 
our  success,  but  the  event  is  not  absolutely  certain.  Yesterday 


376  WORKS    OF    MADISON.  1763. 

a  committee  was  appointed,  on  the  motion  of  a  doubtful  charac- 
ter, to  consider  the  propositions  of  Mr.  Hancock,  and  to  report 
to-morrow  afternoon.  We  have  a  majority  of  federalists  on 
this  committee,  and  flatter  ourselves  the  result  will  be  favor- 
able. 

"P.  S.  We  shall  probably  decide  on  thursday  or  friday  next, 
when  our  numbers  will  amount  to  about  363." 

With  greatest  esteem  and  attachment,  I  am,  Dr  Sir,  your  obt 
and  affect9  serv*. 


TO   GENERAL  WASHINGTON. 

NEW  YORK,  February  15,  1788. 

DEAR  SIR, — I  have  at  length  the  pleasure  to  enclose  you  the 
favorable  result  of  the  Convention  at  Boston.  The  amend- 
ments are  a  blemish,  but  are  in  the  least  offensive  form.  The 
minority,  also,  is  very  disagreeably  large,  but  the  temper  of 
it  is  some  atonement.  I  am  assured  by  Mr.  King  that  the  lead- 
ers of  it,  as  well  as  the  members  of  it  in  general,  are  in  good 
humor,  and  will  countenance  no  irregular  opposition,  there  or 
elsewhere.  The  Convention  of  New  Hampshire  is  now  sitting. 
There  seems  to  be  no  question  that  the  issue  there  will  add  a 
seventh  pillar,  as  the  phrase  now  is,  to  the  federal  Temple. 

With  the  greatest  respect  and  attachment,  I  am,  Dear  Sir, 
yrs. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  February  19th,  1788. 

DEAR  SIR,—          ****** 
The  public  here  continues  to  be  much  agitated  by  the  pro- 
posed federal  Constitution,  and  to  be  attentive  to  little  else. 
At  the  date  of  my  last,  Delaware,  Pennsylvania,  and  New  Jer- 
sey, had  adopted  it.    It  has  been  since  adopted  by  Connecticut, 


1788.  LETTERS.  377 

Georgia,  and  Massachusetts.  In  the  first,  the  minority  con- 
sisted of  40  against  127.  In  Georgia,  the  adoption  was  unani- 
mous. In  Massachusetts,  the  conflict  was  tedious  and  the  event 
extremely  doubtful.  On  the  final  question  the  vote  stood  187 
against  168,  a  majority  of  19  only  being  in  favor  of  the  Consti- 
tution. 

The  prevailing  party  comprized,  however,  all  the  men  of  abil- 
ities, of  property,  and  of  influence.  In  the  opposite  multitude 
there  was  not  a  single  character  capable  of  uniting  their  wills 
or  directing  their  measures.  It  was  made  up,  partly  of  depu- 
ties from  the  province  of  Maine,  who  apprehended  difficulties 
from  the  new  Government  to  their  scheme  of  separation,  partly 
of  men  who  had  espoused  the  disaffection  of  Shay's,  and  partly 
of  ignorant  and  jealous  men,  who  had  been  taught,  or  had  fan- 
cied, that  the  Convention  at  Philadelphia  had  entered  into  a 
conspiracy  against  the  liberties  of  the  people  at  large,  in  order 
to  erect  an  aristocracy  for  the  rich,  the  well  born,  and  the  men 
of  Education.  They  had  no  plan  whatever.  They  looked  no 
farther  than  to  put  a  negative  on  the  Constitution  and  return 
home.  The  amendments,  as  recommended  by  the  Convention, 
were,  as  I  am  well  informed,  not  so  much  calculated  for  the  mi- 
nority in  the  Convention,  on  whom  they  had  little  effect,  as  for 
the  people  of  the  State.  You  will  find  the  amendments  in  the 
newspapers  which  are  sent  from  the  office  of  foreign  affairs.  It 
appears,  from  a  variety  of  circumstances,  that  disappointment 
had  produced  no  asperity  in  the  minority,  and  that  they  will 
probably  not  only  acquiesce  in  the  event,  but  endeavour  to  rec- 
oncile their  constituents  to  it.  This  was  the  public  declaration 
of  several  who  were  called  the  leaders  of  the  party. 

The  minority  of  Connecticut  behaved  with  equal  moderation. 
That  of  Pennsylvania  has  been  extremely  intemperate,  and  con- 
tinues to  use  a  very  bold  and  menacing  language.  Had  the 
decision  in  Massachusetts  been  adverse  to  the  Constitution,  it 
is  not  improbable  that  some  very  violent  measures  would  have 
followed  in  that  State.  The  cause  of  the  inflammation,  how- 
ever, is  much  more  in  their  State  factions  than  in  the  system 
proposed  by  the  Convention.  New  Hampshire  is  now  deliber- 


378  WORKS    OF    MADISON.  1788. 

ating  on  the  Constitution.  It  is  generally  understood  that  an 
adoption  is  a  matter  of  certainty.  South  Carolina  and  Mary- 
land have  fixed  on  April  or  May  for  their  Conventions.  The 
former,  it  is  currently  said,  will  be  one  of  the  ratifying  States. 
Mr.  Chase,  and  a  few  others,  will  raise  a  considerable  opposi- 
tion in  the  latter.  But  the  weight  of  personal  influence  is  on 
the  side  of  the  Constitution,  and  the  present  expectation  is, 
that  the  opposition  will  be  outnumbered  by  a  great  majority. 
This  State  is  much  divided  in  its  sentiments.  Its  Convention 
is  to  be  held  in  June.  The  decision  of  Massachusetts  will  give 
the  turn  in  favor  of  the  Constitution,  unless  an  idea  should  pre- 
vail, or  the  fact  should  appear,  that  the  voice  of  the  State  is 
opposed  to  the  result  of  its  Convention.  North  Carolina  has 
put  off  her  Convention  till  July.  The  State  is  much  divided,  it 
is  said. 

The  temper  of  Virginia,  as  far  as  I  can  learn,  has  undergone 
but  little  change  of  late.  At  first,  there  was  an  enthusiasm  for 
the  Constitution.  The  tide  next  took  a  sudden  and  strong  turn 
in  the  opposite  direction.  The  influence  and  exertions  of  Mr. 
Henry  and  Col.  Mason,  and  some  others,  will  account  for  this. 
Subsequent  information  again  represented  the  Constitution  as 
regaining,  in  some  degree,  its  lost  ground.  The  people  at  large 
have  been  uniformly  said  to  be  more  friendly  to  the  Constitu- 
tion than  the  Assembly.  But  it  is  probable  that  the  dispersion 
of  the  latter  will  have  a  considerable  influence  on  the  opinions 
of  the  former.  The  previous  adoption  of  nine  States  must  have 
a  very  persuasive  effect  on  the  minds  of  the  opposition,  though 
I  am  told  that  a  very  bold  language  is  held  by  Mr.  Henry  and 
some  of  his  partizans.  Great  stress  is  laid  on  the  self-sufficiency 
of  that  State,  and  the  prospect  of  external  props  is  alluded  to. 

Congress  have  done  no  business  of  consequence  yet,  nor  is  it 
probable  that  much  more  of  any  sort  will  precede  the  event  of 
the  great  question  before  the  public. 

The  Assembly  of  Virginia  have  passed  the  district  Bill,  of 
which  I  formerly  gave  you  an  account.  There  are  18  districts, 
with  4  new  Judges,  Mr.  Gabriel  Jones,  Richard  Parker,  S* 
George  Tucker,  and  Jo8.  Prentis.  They  have  reduced  much  the 


1788.  LETTERS.  379 

taxes,  and  provided  some  indulgences  for  debtors.  The  ques- 
tion of  British  debts  underwent  great  vicissitudes.  It  was,  after 
long  discussion,  resolved  by  a  majority  of  30,  against  the  utmost 
exertions  of  Mr.  Henry,  that  they  should  be  paid  as  soon  as  the 
other  States  should  have  complied  with  the  Treaty.  A  few  days 
afterwards  he  carried  his  point  by  a  majority  of  50,  that  Great 
Britain  should  first  comply. 

Adieu.    Yre  affect7. 


P.  S.  Mr.  St.  John  has  given  me  a  very  interesting  descrip- 
tion of  a  "  System  of  Nature,"  lately  published  at  Paris.  Will 
you  add  it  for  me  ? 


TO   GENERAL  WASHINGTON. 

NEW  YORK,  February  20,  1788. 

DEAR  SIR, — I  am  just  favored  with  yours  of  the  7th  instant, 
and  will  attend  to  your  wishes  as  to  the  political  essays  in  the 
press. 

I  have  given  notice  to  my  friends  in  Orange  that  the  County 
may  command  my  services  in  the  Convention  if  it  pleases.  I 
can  say  with  great  truth,  however,  that  in  this  overture  I  sac- 
rifice every  private  inclination  to  considerations  not  of  a  selfish 
nature.  I  foresee  that  the  undertaking  will  involve  me  in  very 
laborious  and  irksome  discussions;  that  public  opposition  to 
several  very  respectable  characters,  whose  esteem  and  friend- 
ship I  greatly  prize,  may  unintentionally  endanger  the  subsist- 
ing connection;  and  that  disagreeable  misconstructions,  of 
which  samples  have  been  already  given,  may  be  the  fruit  of 
those  exertions  which  fidelity  will  impose.  But  I  have  made 
up  my  determination  on  the  subject;  and  if  I  am  informed  that 
my  presence  at  the  election  in  the  County  be  indispensable, 
shall  submit  to  that  condition  also ;  although  it  is  njy  particular 
wish  to  decline  it,  as  well  to  avoid  apparent  solicitude  on  the 
occasion  as  a  journey  of  such  length  at  a  very  unpleasant 
season. 


380  WORKS    OF    MADISON.  1788. 

I  had  seen  the  extract  of  your  letter  to  Col.  Carter,  and  had 
supposed,  from  the  place  where  it  first  made  its  appearance, 
that  its  publication  was  the  effect  of  the  zeal  of  a  correspond- 
ent. I  cannot  but  think,  on  the  whole,  that  it  may  have  been 
of  service,  notwithstanding  the  scandalous  misinterpretations 
of  it  which  have  been  attempted.  As  it  has  evidently  the  air 
of  a  paragraph  to  a  familiar  friend,  the  omission  of  an  argument- 
ative support  of  the  opinion  given  will  appear  to  no  candid 
reader  unnatural  or  improper. 

We  have  no  late  information  from  Europe  except  through 
the  English  papers,  which  represent  the  affairs  of  France  as  in 
the  most  ticklish  state.  The  facts  have  every  appearance  of 
authenticity,  and  we  wait  with  great  impatience  for  the  packet 
which  is  daily  expected.  It  can  be  little  doubted  that  the  pa- 
triots have  been  abandoned,  whether  from  impotency  in  France, 
misconduct  in  them,  or  from  what  other  cause,  is  not  altogether 
clear.  The  French  apologists  are  visibly  embarrassed  by  the 
dilemma  of  submitting  to  the  appearance  of  either  weakness  or 
the  want  of  faith.  They  seem  generally  to  allege  that  their  en- 
gagements being  with  the  Republic,  the  nation  could  not  oppose 
the  regular  authority  of  the  country  by  supporting  a  single 
province,  or,  perhaps,  a  party  in  it  only.  The  validity  of  this 
excuse  will  depend  much  on  the  real  connection  between  France 
and  the  patriots,  and  the  assurances  given  as  an  encouragement 
to  the  latter.  From  the  British  King's  speech,  it  would  seem 
that  France  had  avowed  her  purpose  of  supporting  her  Dutch 
friends,  though  it  is  possible  her  menaces  to  England  might  be 
carried  further  than  her  real  promises  to  the  patriots.  All 
these  circumstances,  however,  must  have  galled  the  pride  of 
France,  and  I  have  little  doubt  that  a  war  will  prove  it  as  soon 
as  her  condition  will  admit  of  it;  perhaps  she  may  be  the  sooner 
forced  into  it  on  account  of  her  being  in  a  contrary  situation. 

I  hear  nothing  yet  from  the  Convention  of  New  Hampshire. 

I  remain,  yours  most  respectfully  and  affectionately, 


1788.  LETTERS.  381 

TO  EDMUND  PENDLETON. 

NEW  YORK,  FebT  21st.  1788. 
DEARSlE,—  *  *  *  *  * 

Your  representation  of  the  politics  of  the  State  coincides 
with  the  information  from  every  other  quarter.  Great  fluctu- 
ations and  divisions  of  opinion  naturally  result  in  Virginia  from 
the  causes  which  you  describe,  but  they  are  not  the  less  ominous 
on  that  account.  I  have,  for  some  time,  been  persuaded  that 
the  question  on  which  the  proposed  Constitution  must  turn  is 
the  simple  one,  whether  the  Union  shall  or  shall  not  be  contin- 
ued. There  is,  in  my  opinion,  no  middle  ground  to  be  taken. 
The  opposition  with  some  has  disunion  assuredly  for  its  object^' 
and  with  all  for  its  real  tendency. 

Events  have  demonstrated  that  no  coalition  can  ever  take 
place  in  favor  of  a  new  plan  among  the  adversaries  to  the  pro- 
posed one.  The  grounds  of  objection  among  the  non-signing 
members  of  the  Convention  are  by  no  means  the  same.  The 
disapproving  members  who  were  absent,  but  who  have  since 
published  their  objections,  differ  irreconcileably  from  each  of 
them.  The  writers  against  the  Constitution  are  as  little  agreed 
with  one  another;  and  the  principles  which  have  been  disclosed 
by  the  several  minorities,  where  the  Constitution  has  not  been 
unanimously  adopted,  are  as  heterogeneous  as  can  be  imagined. 
That  of  Massachusetts,  as  far  as  I  can  learn,  was  averse  to  any 
Government  that  deserved  the  name,  and,  it  is  certain,  looked 
no  farther  than  to  reject  the  Constitution  in  toto  and  return 
home  in  triumph.  The  men  of  abilities,  of  property,  of  char- 
acter, with  every  judge,  lawyer  of  eminence,  and  the  clergy  of 
all  sects,  were,  with  scarce  an  exception  deserving  notice,  as 
unanimous  in  that  'State  as  the  same  description  of  characters 
are  divided  and  opposed  to  one  another  in  Virginia.  This  con- 
trast does  not  arise  from  circumstances  of  local  interest,  but 
from  causes  which  will,  in  my  opinion,  produce  much  regret 
hereafter  in  the  opponents  in  Virginia,  if  they  should  succeed 
in  their  opposition. 

New  Hampshire  is  now  in  Convention.     It  is  expected  that, 


382  WORKS    OF    MADISON.  1788. 

the  result  will  be  in  favor  of  the  Constitution.  Rhode  Island 
takes  no  notice  of  the  matter.  New  York  is  much  divided. 
The  weight  of  abilities  and  of  property  is  on  the  side  of  the 
Constitution.  She  must  go  with  the  Eastern  States,  let  the  di- 
rection be  what  it  may.  By  a  vessel  just  from  Charleston,  we 
understand  that  opposition  will  be  made  there.  Mr.  Lowndes 
is  the  leader  of  it. 

A  British  packet  brings  a  picture  of  affairs  in  France  which 
indicates  some  approaching  events  in  that  Kingdom,  which  may 
almost  amount  to  a  Revolution  in  the  form  of  its  Government. 
The  authority  is  in  itself  suspicious;  but  it  coincides  with  a 
variety  of  proofs  that  the  spirit  of  liberty  has  made  a  progress 
which  must  lead  to  some  remarkable  conclusion  of  the  scene. 
The  Dutch  patriots  seem  to  have  been  the  victims,  partly  of 
their  own  folly,  and  partly  of  something  amiss  in  their  friends. 
fThe  present  state  of  that  Confederacy  is,  or  ought  to  be,  a  very 
/  emphatic  lesson  to  the  United  States.  The  want  of  union  and 
a  capable  Government  is  the  source  of  all  their  calamities,  and 
particularly  of  that  dependence  on  foreign  powers  which  is  as 
dishonorable  to  their  character  as  it  is  destructive  of  their 
tranquillity. 


TO  EDMUND   PENDLETON. 

NEW  YORK,  March  3d,  1788. 

DEAR  SIR, — The  Convention  of  New  Hampshire  have  disap- 
pointed much  the  general  expectation.  Instead  of  adopting  the 
Constitution,  they  have  adjourned,  without  any  final  decision, 
until  June,  this  expedient  being  found  necessary  to  prevent  a 
rejection.  It  seems  that  a  majority  of  three  or  four  members 
would  have  voted  in  the  negative,  but  in  this  majority  were  a 
number  who  had  been  proselyted  by  the  discussions,  but  were 
bound  by  positive  instructions.  These  concurred  with  the  fed- 
eralists in  the  adjournment,  and  carried  it  by  a  majority  of  fifty- 
seven  against  forty-seven.  It  is  not  much  doubted  that,  in  the 
event,  New  Hampshire  will  be  among  the  adopting  States.  But 


1788.  LETTERS.  383 

the  influence  of  this  check  will  be  very  considerable  in  this  State, 
(New  York,)  and  in  several  others.  I  have  enquired  whether 
June  was  preferred  for  the  second  meeting  from  any  reference 
to  Virginia  or  New  York,  and  am  informed  that  it  was  merely 
an  accommodation  to  the  intermediate  annual  elections  and 
Courts. 


TO  GENERAL  WASHINGTON. 

NEW  YORK,  March  3,  1788. 

DEAR  SIR, — The  Convention  of  New  Hampshire  has  afforded 
a  very  disagreeable  subject  of  communication.  It  has  not  re- 
jected the  Constitution,  but  it  has  failed  to  adopt  it.  Contrary 
to  all  calculations  that  had  been  made,  it  appeared,  on  a  meeting 
of  the  members,  that  a  majority  of  three  or  four  was  adverse  to 
the  object  before  them,  and  that,  on  a  final  question  on  the  merits, 
the  decision  would  be  in  the  negative.  In  this  critical  state  of 
things,  the  federalists  thought  it  best  to  attempt  an  adjournment; 
and  having  proselyted  some  of  the  members  who  were  positively 
instructed  against  the  Constitution,  the  attempt  succeeded  by 
a  majority  of  57  against  47,  if  my  information  as  to  the  num- 
bers be  correct.  It  seems  to  be  fully  expected  that  some  of  the 
instructed  members  will  prevail  on  their  towns  to  unfetter 
them,  and  that,  in  the  event,  New  Hampshire  will  be  among  the 
adopting  States.  The  mischief  elsewhere  will,  in  the  mean  time, 
be  of  a  serious  nature.  The  second  meeting  is  to  be  in  June. 
This  circumstance  will  probably  be  construed  in  Virginia  as 
making  contemporary  arrangements  with  her.  It  is  explained 
to  me,  however,  as  having  reference  merely  to  the  conveniency 
of  the  members,  whose  attendance  at  their  annual  elections  and 
courts  would  not  consist  with  an  earlier  period.  The  opposi- 
tion, I  understand,  is  composed  precisely  of  the  same  descrip- 
tion of  characters  with  that  of  Massachusetts,  and  stands  con- 
trasted to  all  the  wealth,  abilities,  and  respectability  of  the 
State. 


384  WORKS    OF    MADISON.  1788. 

I  am  preparing  to  set  out  for  Orange,  and  promise  myself  the 
pleasure  of  taking  Mount  Vernon  in  the  way. 

I  remain,  yours  most  respectfully  and  affectionately. 


TO   GENERAL  WASHINGTON. 

ORANGE,  April  10,  1788. 

DEAR  SIR, — Having  seen  a  part  only  of  the  names  returned 
for  the  Convention,  and  being  unacquainted  with  the  political 
characters  of  many  of  them,  I  am  a  very  incompetent  prophet 
of  the  fate  of  the  Constitution.  My  hopes,  however,  are  much 
encouraged  by  my  present  conjectures.  Those  who  have  more 
data  for  their  calculations  than  I  have  augur  a  flattering  issue 
to  the  deliberations  of  June.  I  find  that  Col.  Nicholas,  who  is 
among  the  best  judges,  thinks,  on  the  whole,  that  a  majority  in 
the  Convention  will  be  on  the  list  of  federalists;  but  very 
properly  takes  into  view  the  turn  that  may  be  given  to  the 
event  by  the  weight  of  Kentucky,  if  thrown  into  the  wrong 
scale,  and  by  the  proceedings  of  Maryland  and  South  Carolina, 
if  they  should  terminate  in  either  a  rejection  or  postponement 
of  the  question.  The  impression  on  Kentucky,  like  that  on  the 
rest  of  the  State,  was  at  first  answerable  to  our  wishes;  but,  as 
elsewhere,  the  torch  of  discord  has  been  thrown  in,  and  has 
found  the  materials  but  too  inflammable.  I  have  written  seve- 
ral letters  since  my  arrival  to  correspondents  in  that  district, 
with  a  view  to  counteract  anti-federal  machinations.  I  have 
little  expectation,  however,  that  they  will  have  much  effect, 
unless  the  communications  that  may  go  from  Mr.  Brown  in 
Congress  should  happen  to  breathe  the  same  spirit;  and  I  am 
not  without  apprehensions  that  his  mind  may  have  taken  an 
unlucky  tincture  from  the  difficulties  thrown  in  the  way  of  the 
separation  of  the  District,  as  well  as  from  some  antecedent  pro- 
ceedings of  Congress.  I  have  taken  the  liberty  of  writing,  also, 
to  a  friend  in  South  Carolina,  on  the  critical  importance  of  a 


1788.  LETTERS.  385 

right  decision  there  to  a  favorable  one  here.  The  enclosed 
letter,  which  I  leave  unsealed,  will  shew  you  that  I  am  doing 
the  same  with  respect  to  Maryland.  Will  you  be  so  good  as  to 
put  a  wafer  in  it,  and  send  it  to  the  post  office  for  Georgetown, 
or  to  change  the  address  to  Annapolis,  if  you  should  have 
reason  to  conclude  that  Mr.  Carroll  will  be  there?  I  have 
written  a  similar  letter  to  Doctor  McHenry.  The  difference 
between  even  a  postponement  and  adoption  in  Maryland  may, 
in  the  nice  balance  of  parties  here,  possibly  give  a  fatal  advan- 
tage to  that  which  opposes  the  Constitution. 

I  have  done  nothing  yet  in  preparing  answers  to  the  queries. 
As  facts  are  to  be  ascertained,  as  well  as  opinions  formed,  delay 
will  be  of  course  counted  upon. 

With  every  sentiment  of  respect  and  attachment,  I  remain, 
Dear  Sir,  your  ob'  and  humble  ser1. 


TO   EDMUND   RANDOLPH. 

ORANGE,  Ap'  10th,  1788. 

MY  DEAR  FRIEND, — I  view  the  amendments  of  Massachusetts 
pretty  nearly  in  the  same  light  that  you  do.  They  were  meant 
for  the  people  at  large,  not  for  the  minority  in  the  Convention. 
The  latter  were  not  affected  by  them,  their  objections  being 
levelled  against  the  very  essence  of  the  proposed  Government. 
I  do  not  see  that  the  2d  amendment,  if  I  understand  its  scope, 
can  be  more  exceptionable  to  the  Southern  States  than  the 
others.  I  take  it  to  mean  that  the  number  of  Representatives 
shall  be  limited  to  two  hundred,  who  will  be  apportioned  from 
time  to  time  according  to  a  census;  not  that  the  apportionment 
first  made,  when  the  Representatives  amount  to  that  number, 
shall  be  perpetual.  The  9th  amendment,  I  have  understood,  was 
made  a  very  serious  point  of  by  S.  Adams. 

I  do  not  know  of  anything  in  the  new  Constitution  that  can 
change  the  obligations  of  the  public  with  regard  to  the  old 
money.  The  principle  on  which  it  is  to  be  settled  seems  to  be 

VOL.  i.  25 


386  WORKS    OF    MADISON.  1788 

equally  in  the  power  of  that  as  of  the  existing  one.  The  claim 
of  the  Indiana  Company  cannot,  I  should  suppose,  be  any  more 
validated  by  the  new  system  than  that  of  all  the  creditors  and 
others  who  have  been  aggrieved  by  unjust  laws.  You  do  not 
mention  what  part  of  the  Constitution  could  give  colour  to  such 
a  doctrine.  The  condemnation  of  retrospective  laws,  if  that  be 
the  part,  does  not  appear  to  me  to  admit,  on  any  principle,  of 
such  a  retrospective  construction.  As  to  the  religious  test,  I 
should  conceive  that  it  can  imply  at  most  nothing  more  than 
that,  without  that  exception,  a  power  would  have  been  given  to 
impose  an  oath,  involving  a  religious  test  as  a  qualification  for 
office.  The  constitution  of  necessary  offices  being  given  to  the 
Congress,  the  proper  qualifications  seem  to  be  evidently  in- 
volved. I  think,  too,  there  are  several  other  satisfactory  points 
of  view  in  which  the  exception  might  be  placed. 

I  shall  be  extremely  happy  to  see  a  coalition  among  all  the 
real  federalists.  Recommendatory  alterations  are  the  only 
ground  that  occurs  to  me.  A  conditional  ratification  or  a 
second  Convention  appears  to  me  utterly  irreconcileable,  in  the 
present  state  of  things,  with  the  dictates  of  prudence  and 
safety.  I  am  confirmed  by  a  comparative  view  of  the  publica- 
tions on  the  subject,  and  still  mo're  of  the  debates  in  the  several 
Conventions,  that  a  second  experiment  would  be  either  wholly 
abortive,  or  would  end  in  something  much  more  remote  from 
your  ideas,  and  those  of  others  who  wish  a  salutary  Govern- 
ment, than  the  plan  now  before  the  public.  It  is  to  be  consid- 
ered, also,  that  besides  the  local  and  personal  pride  that  would 
stand  in  the  way,  it  could  not  be  a  very  easy  matter  to  bring 
about  a  reconsideration  and  rescision  of  what  will  certainly 
have  been  done  in  six,  and  probably  eight  States,  and  in  several 
of  them  by  unanimous  votes.  Add  to  all  this  the  extreme 
facility  with  which  those  who  secretly  aim  at  disunion  (and 
there  are  probably  some  such  in  most,  if  not  all  the  States)  will 
be  able  to  carry  on  their  schemes,  under  the  mask  of  contend- 
ing for  alterations,  popular  in  some  places,  and  known  to  be 
inadmissible  in  others.  Every  danger  of  this  sort  might  be 
justly  dreaded  from  such  men  as  this  State  and  New  York  only 


1788.  LETTERS.  387 

could  furnish,  playing  for  such  a  purpose  into  each  others' 
hands.  The  declaration  of  Henry,  mentioned  in  your  letter,  is 
a  proof  to  me  that  desperate  measures  will  be  his  game.  If 
report  does  not  more  than  usually  exaggerate,  Mason,  also,  is 
ripening  fast  for  going  every  length.  His  licentiousness  of 
animadversion,  it  is  said,  no  longer  spares  even  the  moderate 
opponents  of  the  Constitution. 


TO  THOMAS  JEFFERSON. 

ORANGE,  April  22d,  1788. 

DEAR  SIR—  *  *  *  *  * 

The  proposed  Constitution  still  engrosses  the  public  atten- 
tion. The  elections  for  the  Convention  here  are  but  just  over 
and  promulged.  From  the  returns,  (excepting  those  from  Ken- 
tucky, which  are  not  yet  known,)  it  seems  probable,  though  not 
absolutely  certain,  that  a  majority  of  the  members  elect  are 
friends  to  the  Constitution.  The  superiority  of  abilities,  at 
least,  seems  to  lie  on  that  side.  The  characters  of  most  note 
which  occur  to  me  are  marshaled  thus  :  For  the  Constitution, 
Pendleton,  Wythe,  Blair,  Lines',  Marshall,  Doctor  W.  Jones,  G. 
Nicholas,  Wilson  Nicholas,  Gab1  Jones,  Thomas  Lewis,  F.  Cor- 
bin,  Ralph  Wormley,  Jr.,  White  of  Frederick,  General  Gates, 
General  A.  Stephens,  Archibald  Stuart,  Zachy  Johnson,  Doctor 
Stuart,  Parson  Andrews,  H.  Lee,  Jr.,  Bushrod  Washington,  con- 
sidered as  a  young  gentleman  of  talents;  against  the  Consti- 
tution, Mr.  Henry,  Mason,  Harrison,  Grayson,  Tyler,  M.  Smith, 
W.  Ronald,  Lawson,  Bland,  Wm.  Cabell,  Dawson. 

The  Governor  is  so  temperate  in  his  opposition,  and  goes  so 
far  with  the  friends  of  the  Constitution,  that  he  cannot  properly 
be  classed  with  its  enemies.  Monroe  is  considered  by  some  as 
an  enemy,  but  I  believe  him  to  be  a  friend.  There  are  other 
individuals  of  weight  whose  opinions  are  unknown  to  me.  R. 
H.  Lee  is  not  elected.  His  brother,  F.  L.  Lee,  is  a  warm  friend 
to  the  Constitution,  as  I  am  told;  but,  also,  is  not  elected.  So 
are  John  and  Mann  Page. 


388  WORKS    OF    MADISON.  1788. 

The  adversaries  take  very  different  grounds  of  opposition. 
Some  are  opposed  to  the  substance  of  the  plan;  others,  to  par- 
ticular modifications  only.  Mr.  Henry  is  supposed  to  aim  at 
disunion.  Col.  Mason  is  growing  every  day  more  bitter  and 
outrageous  in  his  efforts  to  carry  his  point,  and  will  probably, 
in  the  end,  be  thrown  by  the  violence  of  his  passions  into  the 
politics  of  Mr.  Henry.  The  preliminary  question  will  be, 
whether  previous  alterations  shall  be  insisted  on  or  not. 
Should  this  be  carried  in  the  affirmative,  either  a  conditional 
ratification  or  a  proposal  for  a  new  Convention  will  ensue.  In 
either  event,  I  think  the  Constitution  and  the  Union  will  be 
both  endangered.  It  is  not  to  be  expected  that  the  States  which 
have  ratified  will  reconsider  their  determinations,  and  submit  to 
the  alterations  prescribed  by  Virginia.  And  if  a  second  Con- 
vention should  be  formed,  it  is  as  little  to  be  expected  that  the 
same  spirit  of  compromise  will  prevail  in  it  as  produced  an 
amicable  result  to  the  first.  It  will  be  easy,  also,  for  those  who 
have  latent  views  of  disunion,  to  carry  them  on  under  the  mask 
of  contending  for  alterations,  popular  in  some,  but  inadmissible 
in  other  parts  of  the  United  States. 

The  real  sense  of  the  people  of  this  State  cannot  be  easily  as- 
certained. They  are  certainly  attached,  and  with  warmth,  to  a 
continuance  of  the  Union,  and  I  believe  a  large  majority  of  the 
most  intelligent  and  independent  are  equally  so  to  the  plan 
under  consideration.  On  a  geographical  view  of  them,  almost 
all  the  Counties  in  the  Northern  Neck  have  elected  federal 
deputies.  The  Counties  on  the  South  side  of  James  River  have 
pretty  generally  elected  adversaries  to  the  Constitution.  The 
intermediate  district  is  much  chequered  in  this  respect.  The 
Counties  between  the  blue  ridge  and  the  Alleghany  have  chosen 
friends  to  the  Constitution,  without  a  single  exception.  Those 
westward  of  the  latter  have,  as  I  am  informed,  generally  though 
not  universally,  pursued  the  same  rule.  Kentucky  it  is  supposed 
will  be  divided. 

Having  been  in  Virginia  but  a  few  weeks,  I  can  give  you  lit- 
tle account  of  other  matters,  and  none  of  your  private  affairs  or 
connections,  particularly  of  your  two  nephews. 


1788.  ADDITIONAL    MEMORANDUM,    ETC.  339 

The  winter  here,  as  everywhere  else  in  the  United  States,  was 
very  severe,  which,  added  to  short  crops  of  corn,  threatened  a 
great  scarcity  and  a  high  price.  It  is  found,  however,  that 
neither  of  these  evils  has  taken  place.  Corn  may  be  purchased 
for  2  dollars,  and  even  10s.  per  barrel.  Tobacco  is  as  low  at 
Fredericksburg  as  18s.  pr  c.,  and  not  higher  at  Richmond  than 
22  or  23s.  There  is  at  present  a  very  promising  spring,  espe- 
cially in  the  article  of  fruit.  The  night  before  last  was  so  cold 
as  to  produce  an  alarm  for  the  vegetation  of  all  sorts,  but  it 
does  not  appear  that  anything  less  vulnerable  than  young  cu- 
cumbers had  been  injured. 

I  shall  ask  the  favor  of  Mr.  Griffin  to  send  you  by  Mr.  Para- 
dise, or  if  he  should  be  gone  by  some  other  hand,  the  Debates 
of  the  Conventions  in  Pennsylvania  and  Massachusetts,  and  any 
other  publications  worth  your  reading. 

I  am,  dear  sir,  your  affectionate  friend  and  serv*. 


ADDITIONAL  MEMORANDUM  FOR  THE  CONVENTION  OF  VIRGINIA 
IN  1788,  ON  THE  FEDERAL  CONSTITUTION. 

Examples  sJiemng  defect  of  mere  Confederacies. 

Amphictyonic  League.     See 

Lycian  do. 

Achaean  do. 

German  do. 

Swiss  do. 

Belgic  do. 

United  Colonies.     See 

Albany  project.    See  Albany  papers. 

Articles  of  Confederation.     See 

Hanseatic  do. 

Union  of  Calmar  do. 

England  and  Scotland  formed  in  1706,  by  32  Commissioners 


390  WORKS    OF    MADISON.  1788 

appointed  for  each  Kingdom;  they  sat  from  April  18th  to  mid- 
dle of  July;  they  were  appointed  by  crown,  by  acts  of  two  par- 
liaments; restrained  from  treating  of  Religion. 

The  Scotch  had  got  the  notion  of  a  federal  Union,  like  Hol- 
land and  Switzerland.  England  opposed  decidedly;  among 
other  reasons,  because  of  different  Parliaments;  either  could 
break  it  when  pleased. 

Many  had  despaired  of  Union,  as  Burnet  himself. 

In  Scotland,  opposed  violently,  particularly  by  those  who 
were  for  a  new  revolution,  as  Union  fatal  bar  to  it;  carried  in 
parliament  by  inconsiderable  majority.  The  presbyterians 
brought  into  opposition  by  persuasion  that  religious  rights 
would  be  in  danger;  this  argument  used  most  by  those  known 
to  be  most  adverse  to  that  Religion,  especially  Dutchess  of 
Hamilton  and  Son,  who,  as  next  in  succession,  hoped  for  Crown, 
if  separate  Kingdom. 

General  arguments  against  Union  in  Scotland: 

1.  Antiquity  and  dignity  of  Kingdom  to  be  given  up  and 
sold. 

2.  Departing  from  independent  State,  and  to  be  swallowed 
by  Engd. 

3.  Would  be  outvoted  in  all  questions  by  Engd's  superiority 
in  Par?.* 

4.  Scotland  no  more  be  regarded  by  foreign  nations. 

5.  Danger  to  the  Kirk. 

Finally,  Scotch  parliament  prevailed  on  to  annex  conditions 
which  advisers  thought  would  never  be  agreed  to,  and  thus  the 
plan  be  defeated. 

Opposers  of  Union,  finding  majority  against  them,  endeav- 
oured to  raise  a  storm  out  of  doors;  petitions,  addresses,  and 
remonstrances  came  up  from  all  quarters,  instigated  by  minority; 
even  riots  excited  about  parliament  House. 

In  England,  alarm  also  for  Religion,  and  act  passed  to  secure 
it.  House  of  Commons  unanimous;  Lords,  50  and  20. 

*  Above  30,000  voters  in  some  Counties  of  Engd ;  33,000  only  in  all  Scotland.— 
Dalrymple  F.  P. 


1788.  ADDITIONAL    MEMORANDUM,    ETC.  391 

Writ  of  error  lies  from  B.  R.,  in  Ireland,  to  B.  R.,  in  Engd. — 
Blackst. 

Do.        do,,    from  Wales  to  B.  R. — Jenkins  Cent.,  and  1 
W.  and  M.,  c.  27. 

As  to  Scotland  into  Parliament,  see  6  Ann.,  c.  26,  sect.  12. 

Difficulty  of  drawing  line  between  laws  apparent  in  Act  of 
Union  between  Engd  and  Scotland. 

"Art.  18.  The  laws  concerning  regulation  of  trade,  Customs, 
&c.  See  abridgm*  by  Cay.,  vol.  2,  384,  under  Scotland."  For 
line  between  Courts,  see  Art.  19. 

Sweden. 

i 

Two  remarkable  circumstances:  1.  Citizens  elect  by  votes  the 
multiples  of  their  property;  some  rich  merchants  have  several 
hundred  votes.  2.  Country  gentlemen,  between  nobles  and 
peasants,  have  no  votes  in  electing  the  latter  order;  are  not 
represented  nor  eligible  at  all.  Constitution,  prior  to  1772,  al- 
ternately Monarchical  and  aristocratic.  Foreign  powers  had 
chief  agency  in  producing  the  Revolution  of  1772.  The  King 
had,  about  that  time,  only  two  companies  of  guards;  [power 
of  King  reduced  to  its  lowest  ebb  about  the  time  of  the  Revo- 
lution.—Sheridan.]  [The  power  of  peasants  predominant  origi- 
nally; hence  alternate  anarchy  and  tyranny. — Id.]  On  death  of 
Charles  XII,  all  prerogatives  of  Executive  abolished;  hence 
legislative  soon  exercised  Executive  and  Judicial  power  both; 
any  3  out  of  4  houses  competent  to  legislation.  The  Revolution 
of  '72,  owing  to  unpopularity  of  diet,  owing  to  abuse  of  power 
from  union  of  Executive  and  Judicial  with  Legislative,  factions, 
venality,  and  foreign  influence.  The  people  favoured  the  enter- 
prize  of  the  King. 

Denmark. 

The  change  in  1660,  produced  by  the  aversion  to  the  nobility, 
who,  as  feudal  lords,  had  almost  all  power,  the  peasants  being 
slaves  to  them;  the  two  other  orders  being  the  clergy  and  com- 
mons or  representatives  of  towns.  The  Clergy  were  the  great 


392  WORKS    OF    MADISON.  1788. 

agents  in  the  Revolution,  and  the  King  rather  passive.  Lord 
Molesworth  saith  Denmark  differed  little  from  an  aristocracy 
when  it  become  an  absolute  Monarchy. 

France. 

The  3d  estate  was  composed,  according  to  Robertson,  of  Rep- 
resentatives of  Cities,  &c.,  within  the  King's  demesne  only;  and 
the  tillers  of  the  earth,  the  greatest  body  in  all  countries,  noth- 
ing, or  represented  by  the  Nobles. 

Spain. 
Peasants  never  represented  in  Cortes. — Quere. 

Poland. 
153  Senators;  about  200  Nuncios. 

Examples  of  hostile  consequences  of  rival  communities  not 
united  by  one  Government. 

All  the  antient  and  modern  Confederacies. 

Saxon  Heptarchy. (a)  England  and  Scotland. (b)  G.  B.  and 
Ireland.  England  and  Wales.  Antient  Republics  of  Italy  be- 
fore Roman  Empire.  Ditto  after  dissolution  of  ditto. 

Union  at  Calmar  in  1393 — 7,  of  Sweden,  Denmark,  and  Nor- 
way, formed  by  Margaret,  Queen  of  the  two  last,  and  elected, 
also,  Queen  of  the  former.  She  convoked  the  deputies  of  the  3 

(a)  [Anno  827.]    "Thus  were  united  all  the  Kingdoms  of  the  Heptarchy  in 
one  great  State,  near  four  hundred  years  after  1st  arrival  of  Saxons  in  Britain, 
[and  250  after  establishment;]  and  the  fortunate  arms,  &c.,  of  Egbert.  [King  of 
Wessex,]  at  last  effected  what  had  been  so  often  attempted  in  vain  by  so  many 
Princes." — Hume,  Vol.  1,  p.  59.    "Kent,  Northumberland,  and  Mercia,  had  suc- 
cessively aspired  to  general  dominion." — Id.,  p.  60. 

(b)  Question  in  1713  in  House  of  Lords  for  dissolving  Union  as  not  answering, 
and  ruinous  to  Scotland.    Carried  in  negative  by  4  voices  only. — Deb.  Peers,  11, 
313 ;  Burg..  3,  360.  Harrington  (pol.  Aphorisms,  49,  50,  51,  page  517)  pronounced 
the  Union  destructive  to  both  England  and  Scotland.    Heptarchy  reduced  to 
two  after  some  ages,  Mercia  and  W.  Saxons ;  and  then  one,  (Egbert,)  England 
and  Wales  prior  to  Union  under  Edward  I,  and  more  fully  under  H.  VIII.    See 
Kennet,  vol.  1,  page  37,  for  an  apt  and  short  quotation  as  to  Heptarchy. 


1788.  ADDITIONAL    MEMORANDUM,    ETC.  393 

States  General  at  Calmar;  40  from  each  attended  and  formed 
the  Union  of  Treaty;  main  argument  used  by  the  Queen — the 
contentions  and  wars  when  disunited. 

Union  consisted  of  three  principal  articles: 

1.  That  the  three  Kingdoms,  which  was  each  elective,  should 
have  the  same  King,  to  be  elected  by  turns  out  of  each,  with  an 
exception,  however,  in  favour  of  offspring  whom  the  three  States 
might  elect. 

2.  The  King  to  divide  his  residence  by  turns  among  each, 
and  to  spend  in  each  the  revenues  of  each  Crown. 

3.  The  most  important,  that  each  should  keep  its  particular 
Senate,  customs,  privileges,  Governments,  magistrates,  Gene- 
rals, Bishops,  and  even  troops  and  garrisons,  to  be  taken  from 
respective  Kingdoms,  so  that  the  King  should  never  be  allowed 
to  employ  subjects  of  one  in  another,  being  mutually  regarded 
as  strangers. 

This  Union,  thus  imperfect,  increased  their  mutual  animosity, 
and  laid  the  foundation  for  fresh  and  more  bitter  animosities 
and  miseries. 

Examples  of  invasions  of  defenceless  coasts.  Danger  if  dis- 
united: 1.  Of  foreign  invasion  by  sea.  2.  Of  Eastern  invasion 
on  S.  States.  Such  more  formidable  than  by  land,  because  more 
sudden  and  easily  supported  by  supplies. 

Romans  invade  England.       Egyptians  and  Phoenicians  in- 
(a)  Saxons  invade  England.  vade  Greece. 

Danes       do  Greece    do    Italy. 

Normans  do  Carthaginians    do    Italy  and 

(*>)  Danes        do    France.  Spain. 

English.     Ireland.  Visigoths  from  Spain.     Bar- 

Europeans.    America.  bary. 

Do  East  Indies. 

Do  Africa. 

Countries  without  Navy  conquerable  in  proportion  to  extent 
of  coast.  England  more  frequently  and  thoroughly  conquered 
than  France  or  Spain. 

(•)  See  Hume  Hist.,  vol.  1.  (b)  Do.,  vol.  1,  p.  69—70. 


394  WORKS    OF    MADISON.  1738. 

Sparta. 

2  Kings.  )      The  two  jointly  forming  a  council,  with 

28  Senators.         J  power  of  life  and  death. 
Senate.  1.  For  life. 

2.  Vacancies  filled  by  popular  election,  out  of  candidates  60 
years  old. 

3.  Had  right  of  convoking  and  proposing  to  Assemblies;  as 
had  Kings.* 

4.  Decrees  of  no  force  till  ratified  by  people. 

Kings  were  for  life;  in  other  respects  like  2  Consuls;  Gene- 
rals during  war;  presided  in  Assemblies  and  public  sacrifices  in 
peace;  could  propose  to  Assemblies;  dissolve  them  when  con- 
voked by  Kings;  but  could  do  nothing  without  consent  of  the 
nation;  the  2  Kings  always  jealous,  and  on  ill  terms  with  each 
other;  were  watched  by  field  deputies  in  war. 

People. 

Assemblies  general  and  particular;  former  of  all  Citizens, 
latter  of  Citizens  of  Sparta  alone;  had  power  of  peace  and  war, 
treaties,  great  affairs,  and  election  of  magistrates. 

Ephori,  chosen  annually  by  the  people,  and  concurred  in  their 
behalf  with  Kings  and  Senate;  over  both  when  they  had  au- 
thority. 

They  had  more  authority  than  Tribunes;  presided  at  elections 
of  Magistrates;  demanded  account  of  the  administration;  could 
imprison  Kings;  had  the  administration  of  money ;  superintended 
Religion;  in  fine,  directed  everything. 

Lands  divided  in  39,000  shares. 

Carthage. 

500  years,  says  Aristotle,  without  any  considerable  sedition 
or  tyrant.  3  different  authorities — Seffetes,  Senate,  people. 

Seffetes,  like  consuls,  and  annual;  does  not  appear  by  whom 
chosen;  assembled  Senate,  presiding;  proposing  and  collecting 

*  Usurped  this  right. 


1788.  ADDITIONAL    MEMORANDUM,    ETC.  395 

the  votes;  presided,  also,  in  judgments  of  most  important  affairs; 
sometimes  commanded  armies;  at  going  out  were  made  Pretors. 

Senate,  composed  of  persons  qualified  by  age,  experience, 
birth,  riches;  were  the  Council  of  State,  and  the  soul  of  all 
public  deliberation;  number  not  known;  must  have  been  great, 
since  the  100  drawn  out  of  it.  Senate  treated  of  great  affairs, 
read  letters  of  Generals,  recd  plaints  of  provinces,  gave  au- 
diences to  ambassadors,  and  decided  peace  and  war.  When 
Senate  unanimous,  decided  finally;  in  case  of  division,  people 
decided.  Whilst  Senate  retained  its  authority,  says  Polybius, 
wisdom  and  success  marked  everything. 

People,  at  first,  gave  way  to  Senate;  at  length,  intoxicated 
by  wealth  and  conquests,  they  assumed  all  power;  then  cabals 
and  factions  prevailed,  and  were  one  of  the  principal  causes  of 
the  ruin  of  the  State. 

Tribunal  of  100,  composed  of  104  persons,  were  in  place  of 
Ephori,  at  Sparta,  according  to  Aristotle,  and  instituted  to 
balance  the  Generals  and  the  Senate;  with  this  difference,  that 
here  the  Council  was  perpetual;  Generals  accounted  to  them. 

Tribunal  of  5,  taken  out  of  100  above;  duration  of  office 
unknown;  like  the  Council  of  10  at  Venice;  filled  vacancies, 
even  in  Senate;  had  great  power,  but  no  salaries;  became 
tyrannical. 

Home. 

*  Gracchi  transferred  Power  of  Senate>  (exclusive  of  People) : 
the  criminal  jurisdiction  1.  Care  of  Religion.  2.  To  regulate  the 
to  equestrian  order.  provilices.  3  *  Over  public  treasury  and 

expences  of  Government,  with  appointment  of  stipends  to  Gen- 
erals; number  of  troops,  and  provisions  and  cloathing  for 

t  Ambassadors  taken      armie8'      4't  Appointed  with  Such  instruC- 

from  their  own  body.—  tions,  and  received  ambassadors,  and  gave 
such  answers  as  they  thought  fit.  5.  De- 
creed thanksgivings  and  conferred  honor  of  triumphs.  6.  En- 
quire into  crimes  and  treasons  at  Rome  and  in  Italy,  and  decide 
disputes  among  dependent  cities.  7.  Interpreting,  dispensing 
with,  and  even  abrogating  laws.  8.  Arm  consuls  with  absolute 


396  WORKS    OF    MADISON.  1788. 

power,  darent  operam,  &c.  9.  Prorogue  and  postpone  assem- 
blies of  people;  pardon  and  reward;  declared  any  one  enemy. — 
Middleton  on  R.  Sen. 

Power  of  Senate — to  propose  to  people  who  could  not  origin- 
ate laws — this  taken  away  by  the  Tribunes — and  Senate  not 
only  obliged  to  allow  assemblies  at  all  times  to  be  called,  but 
to  agree  beforehand  to  whatever  acts  of  the  people. — Idem. 

Power  of  Senate  unlimited  almost  at  first — except  legislative 
power — choice  of  Magistrates  and  peace  and  war — all  power  in 
Senate — and  a  second  Senatus  consultum  is  necessary  to  ratify 
act  of  people  in  consequence  of  proposition  from  Senate. — Code 
d'Hum. 

Senate  consisted  originally  of  100 — usually  about  300 — final- 
ly, by  Jul.  Csesar,  1,000 — not  agreed  how  appointed — whether 
by  consuls  and  censors — or  people,  &c. ;  on  extraordinary  occa- 
sions by  Dictator — censors  on  ordinary,  (Middleton,)  by  people 
out  of  annual  Magistrates,  till  there  become  a  regular  supply  of 
course. — Middleton.  Censors  could  expel;  but  other  Censors 
reinstate;  and  Senators  had  an  appeal  from  them  to  people. — 
Id. 

Vertot  thinks  people  had  nothing  to  do  in  appointing  Sena- 
tors; power  being  first  in  Kings,  then  Consuls,  then  Censors, 
and  on  extraordinary  occasions  in  Dictator;  age  required  but 
not  ascertained  by  antiquaries ;  so  estate  between  <£6  and 
7,000  sterling;  Senate  assembled  by  Kings,  Consuls,  Dictators, 
Tribunes. 

1.  Heads  of  Republic.     2.  Command  of 

Power  of  Consuls. 

Armies,  levy  troops  in  consequence  of  au- 
thority from  comitia.  3.  Authority  over  Italy  and  provinces, 
who  could  appeal  to  the  tribunal,  and  could  cite  subjects  to 
Rome,  and  punish  with  death.  4.  Convene  Senate,  propose 
business,  count  votes,  and  draw  up  decrees;  nor  could  any  reso- 
lution pass  if  one  of  the  Consuls  opposed.  5.  Addressed  letters 
to  Kings,  &c.;  gave  audience  to  Ambassadors;  introduced  them 
to  Senate;  and  carried  into  execution  decrees  touching  all  these 
matters.  6.  Convoked  Comitia;  presided  therein.  7.  Applied 
money.  Had  all  the  power  of  the  Kings;  must  be  42  years. 


1788.  ADDITIONAL    MEMORANDUM,    ETC.  397 

Uncertain  whether  at  first  2,  3,  or  5; 

Tribunes. 

established  in  260;  increased  to  10  in  297. 

confined  to  city  and  one  mile;  at  first  had  no  power  but  to 
defend  people,  their  persons  being  sacred  for  that  purpo.se — but 
soon  arrogated  right  to  call  senate  and  Assembly  of  people — 
and  propose  to  them. 

They  were — 1.  Protectors  of  people;  under  which  title  they 
interfered  in  all  affairs — released  malefactors,  and  imprisoned 
jfrincipal  Magistrates  of  Republic,  as  Consuls,  and  after  a  time 
exerted  their  authority  over  dictators  and  censors — (2.)  Had 
the  veto  to  stop  the  functions  of  all  other  Magistrates,  and  to 
negative  all  laws  and  decrees  of  the  Senate — to  dissolve  comitia, 
so  that  Republic  often  in  anarchy,  and  once  5  years  without 
other  Magistrates  than  Tribunes — by  this  veto,  particularly  as 
opposed  to  levies  of  men  by  order  of  Senate,  they  extorted 
everything  they  wanted.  (3.)  Sacredness  of  persons,  of  which 
they  availed  themselves  much — pretending  that  it  was  violated 
in  the  persons  of  their  officers.  (4.)  To  convoke  Senate  and 
people;  at  first  set  at  door  of  Senate  waiting  to  be  informed  of 
result  of  its  deliberations,  and  had  no  right  to  assemble  people — 
but  Junius  Brutus  caught  at  incautious  acknowledgment  of 
Consul,  got  comit.  tribut.  established  in  place  of  centuries 
where  votes  unequal — and  of  curiata,  where,  as  in  centuries 
auspices  necessary,  and  in  both  concurrence  of  Senate  to  the 
calling  them  and  coming  to  Resolutions.  To  these  they  soon 
brought  trial  of  principal  citizens  by  appeal,  and  all  sorts  of 
affairs;  got  plebians  voters;  made  laws  by  com.  trib.,  which 
hey  managed  and  ordered  as  they  pleased.*"  (5.)  Disposed  of 
Governm'3  and  commands  of  Armies,  finances,  and  lands  of 
the  public;  Sylla,  as  Dictator,  humbled  the  Tribunes,  but  they 
were  restored,  and  Jul.  Caesar  caused  himself  to  be  perpetual 
Tribune ;  the  shadow  continued  down  to  Constantine  the 
Great. 

Roman  Empire  more  than  2,000  m.  from  N.  to  S.,  more  than 

*  It  appears  that  it  was  the  design  of  Clodius  to  extend  the  suffrage  to  all  the 
freedmen  in  the  several  tribes  of  the  city,  that  the  Tribunes  might,  by  corrup- 
tion, the  more  easily  ferment  seditions. — Cicero's  Milo. 


398                               WORKS    OF  MADISON.                             1788. 

3,000  from  W.  to  E.— Gibbon.  Population  of  do.  about  120 
millions,  including  slaves — about  ^ ;  this  more  than  in  Europe. — 
Id. 

Spain,  700  by  500  miles.  England,  360  by  300. 

France,  600  by  500     "  Scotland,  300  by  150. 

Italy,  600  by  400         "  Denmark,  240  by  180. 

Germany,  600  by  500  "  Norway,  1,000  by  900. 

Poland,  700  by  680     " 

Sweden,  800  by  500    " 


TO   GENERAL  WASHINGTON. 

RICHMOND,  June  4, 1788. 

DEAR  SIR, — Your  favor  of  the  2  ult°  was  not  received  'til  my 
arrival  here  on  Monday  evening.  I  found,  contrary  to  my  ex- 
pectation, that  not  only  a  very  full  house  had  been  made  on  the 
first  day,  but  that  it  had  proceeded  to  the  appointment  of  the 
President  and  other  officers.  Mr.  Pendleton  was  put  into  the 
chair  without  opposition.  Yesterday,  little  more  was  done  than 
settling  some  forms,  and  Resolving  that  no  question,  general  or 
particular,  should  be  propounded  'til  the  whole  plan  should  be 
considered  and  debated,  clause  by  clause.  This  was  moved  by 
Col.  Mason,  and,  contrary  to  his  expectations,  concurred  in  by 
the  other  side.  To-day,  the  discussions  commenced  in  Commit- 
tee of  the  whole.  The  Governor  has  declared  the  day  of  pre- 
vious amendments  passed,  and  thrown  himself  fully  into  the  fed- 
eral scale.  Henry  and  Mason  made  a  lame  figure,  and  appeared 
to  take  different  and  awkward  ground.  The  federalists  are  a 
good  deal  elated  by  the  existing  prospect.  I  dare  not,  however, 
speak  with  certainty  as  to  the  decision.  Kentucky  has  been 
extremely  tainted,  is  supposed  to  be  generally  adverse,  and 
every  piece  of  address  is  going  on  privately  to  work  on  the 
local  interests  and  prejudices.of  that  and  other  quarters. 
In  haste,  I  am,  Dr  Sir,  yrs  affect7. 


1788.  LETTERS.  399 


TO  GENERAL  WASHINGTON. 

RICHMOND,  June  13,  1788. 

DEAR  SIR, — Your  favor  of  came  to  hand  by  the  mail 

of  Wednesday.  I  did  not  write  by  several  late  returns  for  two 
reasons:  one,  the  improbability  of  your  having  got  back  to  Mount 
Vernon;  the  other,  a  bilious  indisposition,  which  confined  me 
for  several  days.  I  am  again  tolerably  well  recovered. 

Appearances  at  present  are  less  favorable  than  at  the  date 
of  my  last.  Our  progress  is  slow,  and  every  advantage  is  taken 
of  the  delay  to  work  on  the  local  prejudices  of  parjticular  sets 
of  members.  British  debts,  the  Indiana  claim,  and  the  Missis- 
sippi, are  the  principal  topics  of  private  discussion  and  intrigue, 
as  well  as  of  public  declamation.  The  members  who  have 
served  in  Congress  have  been  dragged  into  communications  on 
the  last,  which  could  not  be  justifiable  on  any  other  occasion, 
if  on  the  present.  There  is  reason  to  believe  that  the  event 
may  depend  on  the  Kentucky  members,  who  seem  to  lean  more 
against  than  in  favor  of  the  Constitution.  The  business  is  in 
the  most  ticklish  state  that  can  be  imagined.  The  majority  will 
certainly  be  very  small,  on  whatever  side  it  may  finally  lie;  and 
I  dare  not  encourage  much  expectation  that  it  will  be  on  the 
favorable  side. 

Oswald,  of  Philadelphia,  has  been  here  with  letters  for  the 
anti-federal  leaders  from  New  York,  and  probably  Philadelphia. 
He  staid  a  very  short  time  here,  during  which  he  was  occasion- 
ally closeted  with  H y,  M-s-n,  &c.  I  learn  from  New  York 

that  the  elections  have  proved  adverse  to  the  Constitution. 
Yrs  affecty. 


400  WORKS    OF    MADISON.  1788. 


TO   GENERAL  WASHINGTON. 

RICHMOND,  June  18,  1788. 

DEAR  SIR, — No  question,  direct  or  indirect,  has  yet  been 
taken  by  which  the  state  of  parties  could  be  determined.  Of 
course,  each  is  left  to  enjoy  the  hopes  resulting  from  its  own 
partial  calculations.  It  is  probable  the  majority  on  either  side 
will  not  exceed  3,  4,  5,  or  6.  I  indulge  a  belief  that  at  this 
time  the  friends  of  the  Constitution  have  the  advantage  in  point 
of  number.  Great  moderation,  as  yet,  marks  our  proceedings. 
Whether  it  be  the  effect  of  temper,  or  of  the  equality  of  forces 
and  the  uncertainty  of  victory,  will  be  seen  by  the  event.  We 

are  at  present  on  the  Executive  Department.     Mr.  H y  has 

not  made  any  opposition  to  it,  though  it  was  looked  for.  He 
may,  however,  still  mean  to  make  one,  or  he  may  lay  by  for  an 
exertion  against  the  Judiciary. 

I  find  myself  not  yet  restored,  and  extremely  feeble. 

With  my  affect6  regards,  I  remain,  yrs. 


TO   COL.   JAMES  MADISON. 

RICHMOND,  June  20th,  1788. 

HONB  SIR, — No  question  has  yet  been  taken  by  which  the 
strength  of  parties  can  be  determined.  The  calculations  on 
different  sides  do  not  accord,  each  making  them  under  the  bias 
of  their  particular  wishes.  I  think,  however,  the  friends  of  the 
Constitution  are  most  confident  of  superiority,  and  am  inclined 
myself  to  think  they  have,  at  this  time,  the  advantage  of  3  or  4, 
or  possibly  more,  in  point  of  number.  The  final  question  will 
probably  decide  the  contest  in  a  few  days  more.  We  are  now 
on  the  Judiciary  Department,  against  which  the  last  efforts  of 
the  adversaries  seem  to  be  made.  How  far  they  will  be  able  to 
make  an  impression,  I  cannot  say.  It  is  not  probable  that  many 
proselytes  will  be  made  on  either  side.  As  this  will  be  handed 
to  you  at  Court,  you  can  make  its  contents  known  to  Major 


1788.  LETTERS.  401 

Moore  and  other  friends,  to  whom  I  have  not  time  separately 
to  write. 

With  my  regards  to  my  mother  and  the  family,  I  remain,  your 
affectionate  son. 


TO   GENERAL  WASHINGTON. 

RICHMOND,  June  23rd,  1788. 

DEAR  SIR, — We  got  through  the  Constitution  by  paragraphs 
to-day.  To-morrow,  some  proposition  for  closing  the  business 
will  be  made.  On  our  side,  a  ratification,  involving  a  few  de- 
claratory truths  not  affecting  its  validity,  will  be  tendered. 
The  opposition  will  urge  previous  amendments.  Their  conver- 
sation to-day  seemed  to  betray  despair.  Col.  Mason,  in  par- 
ticular, talked  in  a  style  which  no  other  sentiment  could  have 
produced.  He  held  out  the  idea  of  civil  convulsions  as  the 
effects  of  obtruding  the  Government  on  the  people.  He  was 
answered  by  several,  and  concluded  with  declaring  his  deter- 
mination for  himself,  to  acquiesce  in  the  event  whatever  it  might 
be.  Mr.  Henry  endeavored  to  gloss  what  had  fallen  from  his 
friend;  declared  his  aversion  to  the  Constitution  to  be  such  that 
he  could  not  take  the  oath;  but  that  he  would  remain  in  peace- 
able submission  to  the  result.  We  calculate  on  a  majority,  but 
a  bare  one.  It  is  possible,  nevertheless,  that  some  adverse  cir- 
cumstance may  happen. 

I  am,  dear  Sir,  in  haste,  yrs  entirely. 


TO  GENERAL  WASHINGTON. 

RICHMOND,  June  25,  1788. 

DEAR  SIR, — On  the  question  to-day  for  previous  amend- 
ments, the  votes  stood — 80  ayes,  88  noes.  On  the  final  question, 
the  ratification  passed — 89  ayes,  79  noes.  Subsequent  amend 

VOL.  i.  26 


402  WORKS    OF    MADISON.  1788. 

ments  will  attend  the  act,  but  are  yet  to  be  settled.  The  tem- 
per of  the  minority  will  be  better  known  to-morrow.  The  pro- 
ceedings have  been  without  flaw,  or  pretext  of  it,  and  there  is 
no  doubt  that  acquiescence,  if  not  cordiality,  will  be  manifested 
by  the  unsuccessful  party.  Two  of  the  leaders,  however,  betray 
the  effect  of  the  disappointment,  so  far  as  it  is  marked  in  their 
countenances. 

In  haste,  yrs. 


TO  GENERAL  WASHINGTON. 

RICHMOND,  June  27,  1788.  . 

DEAR  SIR, — The  Convention  came  to  a  final  adjournment  to- 
day. The  inclosed  is  a  copy  of  their  act  of  ratification,  with 
the  yeas  and  nays.  A  variety  of  amendments  have  been  since 
recommended,  several  of  them  highly  objectionable,  but  which 
could  not  be  parried.  The  minority  are  to  sign  an  address  this 
evening,  which  is  announced  to  be  of  a  peace-making  complex- 
ion. Having  not  seen  it,  I  can  give  no  opinion  of  my  own.  I 

wish  it  may  not  have  a  further  object.     Mr.  H y  declared, 

previous  to  the  final  question,  that  altho'  he  should  submit  as  a 
quiet  citizen,  he  should  seize  the  first  moment  that  offered  for 
shaking  off  the  yoke  in  a  constitutional  way.  I  suspect  the  plan 
will  be  to  engage  f  of  the  Legislatures  in  the  task  of  undoing 
the  work;  or  to  get  a  Congress  appointed  in  the  first  instance 
that  will  commit  suicide  on  their  own  authority. 
Yrs,  most  affecty  and  respectfully. 


1788.  LETTERS.  403 


TO  GENEEAL  WASHINGTON. 

NEW  YORK,  July  21,  1788. 

DEAR  SIR, — I  have  deferred  writing  since  my  arrival  here  in 
the  hourly  hope  of  being  enabled  to  communicate  the  final  news 
from  Poughkeepsie.  By  a  letter  from  Hamilton,  dated  the  day 
before  yesterday,  I  find  that  it  is  equally  uncertain  when  the 
business  will  be  closed,  and  what  will  be  its  definitive  form. 
The  inclosed  gazette  states  the  form  which  the  depending  prop- 
osition bears.  It  is  not  a  little  strange  that  the  anti-federal 
party  should  be  reduced  to  such  an  expedient,  and  yet  be  able 
to  keep  their  numbers  together  in  the  opposition.  Nor  is  it 
less  strange  that  the  other  party,  as  appears  to  be  the  case, 
should  hesitate  in  deciding  that  the  expedient  as  effectually 
keeps  the  State,  for  the  present,  out  of  the  new  union  as  the  most 
unqualified  rejection  could  do.  The  intelligent  citizens  see 
clearly  that  this  would  be  its  operation,  and  are  agitated  by  the 
double  motives  of  federalism  and  a  zeal  to  give  this  City  a  fair 
chance  for  the  first  meeting  of  the  new  Government. 

Congress  have  deliberated  in  part  on  the  arrangements  for 
putting  the  new  machine  into  operation,  but  have  concluded  on 
nothing  but  the  times  for  choosing  electors,  <fec.  Those  who 
wish  to  make  New  York  the  place  of  meeting  studiously  pro- 
mote delay.  Others  who  are  not  swayed  by  this  consideration 
do  not  urge  dispatch.  They  think  it  would  be  well  to  let  as 
many  States  as  possible  have  an  opportunity  of  deciding  on  the 
Constitution;  and  what  is  of  more  consequence,  they  wish  to 
give  opportunities,  where  they  can  take  place,  for  as  many  elec- 
tions of  State  Legislatures  as  can  precede  a  reasonable  time  for 
making  the  appointments  and  arrangements  referred  to  them. 
If  there  be  too  great  an  interval  between  the  acts  of  Congress 
on  this  subject  and  the  next  election  or  next  meeting  of  a  State 
Legislature,  it  may  afford  a  pretext  for  an  intermediate  sum- 
moning of  the  existing  members,  who  are  everywhere  less  fede- 
ral than  their  successors  hereafter  to  be  elected  will  probably 
be.  This  is  particularly  the  case  in  Maryland,  where  the  anti- 
federal  temper  of  the  Executive  would  render  an  intermediate 


404  WORKS    OF    MADISON.  1788. 

and  extraordinary  meeting  of  the  Assembly  of  that  State  the 
more  likely  to  be  called.  On  my  way  thro'  Maryland  I  found 
such  an  event  to  be  much  feared  by  the  friends,  and  wished  by 
the  adversaries,  of  the  Constitution.  We  have  no  late  news 
from  Europe,  nor  anything  from  North  Carolina. 

With  every  sentiment  of  esteem  and  attachment,  I  remain,  Dr 
Sir,  your  obed1  and  affect,  serv1. 


TO  THOMAS  JEFFERSON. 

NEVT  YORK,  24th  July,  1788. 

DEAR  SIR, — Your  two  last  unacknowledged  favors  were  of 
December  20  and  February  6.  They  were  received  in  Virginia, 
and  no  opportunity,  till  the  present  precarious  one  by  the  way 
of  Holland,  has  enabled  me  to  thank  you  for  them. 

I  returned  here  about  ten  days  ago  from  Richmond,  which  I 
left  a  day  or  two  after  the  dissolution  of  the  Convention.  The 
final  question  on  the  new  Government  was  put  on  the  25th  of 
June.  It  was  two-fold:  1.  Whether  previous  amendments 
should  be  made  a  condition  of  ratification.  2.  Directly  on  the 
Constitution,  in  the  form  it  bore.  On  the  first,  the  decision  was 
in  the  negative,  88  being  no,  80  only  ay.  On  the  second  and 
definitive  question,  the  ratification  was  affirmed  by  89  ayes 
against  79  noes.  A  number  of  alterations  were  then  recom- 
mended to  be  considered  in  the  mode  pointed  out  in  the  Consti- 
tution itself.  The  meeting  was  remarkably  full;  two  members 
only  being  absent,  and  those  known  to  be  on  the  opposite  sides 
of  the  question.  The  debates,  also,  were  conducted  on  the 
whole  with  a  very  laudable  moderation  and  decorum,  and  con- 
tinued until  both  sides  declared  themselves  ready  for  the  ques- 
tion. And  it  may  be  safely  concluded  that  no  irregular  oppo- 
sition to  the  System  will  follow  in  that  State,  at  least  with  the 
countenance  of  the  leaders  on  that  side.  What  local  erup- 
tions may  be  occasioned  by  ill-timed  or  rigorous  executions  of 


1788.  LETTERS.  405 

the  Treaty  of  peace  against  British  debtors,  I  will  not  pretend 
to  say.  But  although  the  leaders,  particularly  Henry  and 
Mason,  will  give  no  countenance  to  popular  violences,  it  is  not 
to  be  inferred  that  they  are  reconciled  to  the  event,  or  will  give 
it  a  positive  support.  On  the  contrary,  both  of  them  declared 
they  could  not  go  that  length,  and  an  attempt  was  made  under 
their  auspices  to  induce  the  minority  to  sign  an  address  to  the 
people,  which,  if  it  had  not  been  defeated  by  the  general  mod- 
eration of  the  party,  would  probably  have  done  mischief. 

Among  a  variety  of  expedients  employed  by  the  opponents  to 
to  gain  proselytes,  Mr.  Henry  first,  and  after  him  Col°.  Mason, 
introduced  the  opinions  expressed  in  a  letter  from  you  to  a  cor- 
respondent, [Mr.  Donald  or  Skipwith,  I  believe,]  and  endeav- 
ored to  turn  the  influence  of  your  name  even  against  parts  of 
which  I  knew  you  approved.  In  this  situation,  I  thought  it 
due  to  truth,  as  well  as  that  it  would  be  most  agreeable  to  your- 
self, and  accordingly  took  the  liberty  to  state  some  of  your 
opinions  on  the  favorable  side.  I  am  informed  that  copies  or 
extracts  of  a  letter  from  you  were  handed  about  at  the  Mary- 
land Convention,  with  a  like  view  of  impeding  the  ratification. 

New  Hampshire  ratified  the  Constitution  on  the  20  ult.,  and 
made  the  ninth  State.  The  votes  stood  57  for,  and  46  against 
the  measure.  South  Carolina  had  previously  ratified  by  a  very 
great  majority.  The  Convention  of  North  Carolina  is  now  sit- 
ting. At  one  moment,  the  sense  of  that  State  was  considered 
as  strongly  opposed  to  the  system.  It  is  now  said  that  the  tide 
has  been  for  some  time  turning,  which,  with  the  example  of 
other  States,  and  particularly  of  Virginia,  prognosticates  a  rati- 
fication there  also.  The  Convention  of  New  York  has  been  in 
session  ever  since  the  17th  ultimo,  without  having  yet  arrived 
at  any  final  vote.  Two-thirds  of  the  members  assembled  with 
a  determination  to  reject  the  Constitution,  and  are  still  opposed 
to  it  in  their  hearts.  The  local  situation  of  New  York,  the 
number  of  ratifying  States,  and  the  hope  of  retaining  the  fed- 
eral Government  in  this  City,  afford,  however,  powerful  argu- 
ments to  such  men  as  Jay,  Hamilton,  the  Chancellor,  Duane, 
and  several  others;  and  it  is  not  improbable  that  some  form  of 


406  WORKS    OF    MADISON.  1788. 

ratification  will  yet  be  devised,  by  which  the  dislike  of  the  op- 
position may  be  gratified,  and  the  State,  notwithstanding,  made 

a  member  of  the  new  Union. 

****** 

July  26£/L— "We  just  hear  that  the  Convention  of  this  State 
have  determined,  by  a  small  majority,  to  exclude  from  the  rati- 
fication anything  involving  a  condition,  and  to  content  them- 
selves with  recommending  the  alterations  wished  for. 
***** 

Crops  in  Virginia,  of  all  sorts,  were  very  promising  when  I 
left  the  State.  This  was  the  case  also  generally  throughout  the 
States  I  passed  through,  with  local  exceptions,  produced  in  the 
wheat  fields  by  a  destructive  insect,  which  goes  under  the  name 
of  the  Hessian  fly.  It  made  its  first  appearance  several  years  ago 
on  Long  Island,  from  which  it  has  spread  over  half  this  State 
and  a  great  part  of  New  Jersey,  and  seems  to  be  making  an 
annual  progress  in  every  direction. 


TO   COL.   JAMES  MADISON. 

NEW  YORK,  July  27th,  1788. 
HONDSlR-  ***** 

After  a  very  tedious  discussion,  the  Constitution  has  been 
ratified  by  the  Convention  of  this  State.  It  was  carried  by  a 
majority  of  5,  the  ayes  being  30,  the  noes  25.  Amendments,  in 
general,  similar  to  those  of  Virginia,  are  recommended,  and  a 
confidence  expressed  in  the  act  of  adoption  that  they  will  be 
incorporated  in  the  Constitution.  The  Convention  of  North 
Carolina  has  not  been  heard  from  since  it  met.  Congress  are 
at  present  making  the  arrangements  for  putting  the  Govern- 
ment into  operation. 


1788.  LETTERS.  407 

TO  THOMAS  JEFFERSON. 

NEW  YORK,  August  10th,  1788. 

DEAR  SIR, — Mr.  Warville  Brissot  has  just  arrived  here,  and 
I  seize  an  opportunity  suddenly  brought  to  my  knowledge  to 
thank  you  for  your  several  favors,  and  particularly  for  the  pe- 
dometer. Answers  to  the  letters  must  be  put  off  for  the  next 
opportunity. 

My  last  went  off  just  as  a  vote  was  taken  in  the  Convention 
of  this  State,  which  foretold  the  ratification  of  the  new  Govern- 
ment. The  latter  act  soon  followed,  and  is  inclosed.  The  form 
of  it  is  remarkable.  I  inclose,  also,  a  circular  address  to  the 
other  States  on  the  subject  of  amendments,  from  which  mischiefs 
are  apprehended.  The  great  danger  in  the  present  crisis  is,  that 
if  another  Convention  should  be  soon  assembled  it  would  ter- 
minate in  discord,  or  in  alterations  of  the  federal  system,  which 
would  throw  back  essential  powers  into  the  State  Legislatures. 
The  delay  of  a  few  years  will  assuage  the  jealousies  which  have 
been  artificially  created  by  designing  men,  and  will  at  the  same 
time  point  out  the  faults  which  really  call  for  amendment.  At 
present,  the  public  mind  is  neither  sufficiently  cool  nor  suffi- 
ciently informed  for  so  delicate  an  operation. 

The  Convention  of  North  Carolina  met  on  the  21st  ultimo. 
Not  a  word  has  yet  been  heard  from  its  deliberations.  Rhode 
Island  has  not  resumed  the  subject  since  it  was  referred  to  and 
rejected  by  the  people  in  their  several  Towns. 

Congress  have  been  employed  for  several  weeks  in  the  ar- 
rangement of  time  and  place  for  bringing  the  new  Government 
into  agency.  The  first  has  been  agreed  on,  though  not  defin- 
itively, and  makes  it  pretty  certain  that  the  first  meeting  will  be 
held  in  the  third  week  in  March.  The  place  has  been  a  subject 
of  much  discussion,  and  continues  to  be  uncertain.  Philadel- 
phia, as  least  eccentric  of  any  place  capable  of  affording  due 
accommodations  and  a  respectable  outset  to  the  Government, 
was  the  first  proposed.  The  affirmative  votes  were  New  Hamp- 
shire, Connecticut,  Pennsylvania,  Maryland,  Virginia,  and  North 
Carolina.  Delaware  was  present  and  in  favor  of  that  place,  but 


408  WORKS    OP    MADISON.  1788. 

one  of  its  Delegates  wishing  to  have  a  question  on  Wilmington 
previous  to  a  final  determination,  divided  that  State  and  nega- 
tived the  motion.  New  York  came  next  in  view,  to  which  was 
opposed  first  Lancaster,  which  failed,  and  then  Baltimore,  which, 
to  the  surprise  of  every  body,  was  carried  by  seven  States. 
South  Carolina,  which  had  preferred  New  York  to  the  two 
other  more  Southern  positions,  unexpectedly  concurring  in  this. 
The  vote,  however,  was  soon  rescinded;  the  State  of  South  Car- 
olina receding,  the  Eastern  States  remonstrating  against,  and 
few  seriously  urging,  the  eligibility  of  Baltimore.  At  present 
the  question  lies  as  it  was  originally  supposed  to  do,  between 
New  York  and  Philadelphia,  and  nothing  can  be  more  uncer- 
tain than  the  event  of  it.  Rhode  Island,  which  alone  was  dis- 
posed to  give  the  casting  vote  to  New  York,  has  refused  to  give 
any  final  vote  for  arranging  and  carrying  into  effect  a  system 
to  which  that  State  is  opposed,  and  both  the  delegates  have  re- 
turned home. 

Col.  Carrington  tells  me  has  sent  you  the  first  volume  of  the 
federalist,  and  adds  the  second  by  this  conveyance.  I  believe 
I  never  have  yet  mentioned  to  you  that  publication.  It  was 
undertaken  last  fall  by  Jay,  Hamilton,  and  myself.  The  pro- 
posal came  from  the  two  former.  The  execution  was  thrown, 
by  the  sickness  of  Jay,  mostly  on  the  two  others.  Though  car- 
ried on  in  concert,  the  writers  are  not  mutually  answerable  for 
all  the  ideas  of  each  other,  there  being  seldom  time  for  even  a 
perusal  of  the  pieces  by  any  but  the  writer  before  they  were 
wanted  at  the  press,  and  sometimes  hardly  by  the  writer  him- 
self. 

I  have  not  a  moment  for  a  line  to  Mazzei.  Tell  him  I  have 
received  his  books,  and  shall  attempt  to  get  them  disposed  of. 
I  fear  his  calculations  will  not  be  fulfilled  by  the  demand  for 
them  here  in  the  French  language.  His  affair  with  Dorman 
stands  as  it  did.  Of  his  affair  with  Foster  Webb  I  can  say 
nothing.  I  suspect  it  will  turn  out  badly. 
Yours  affectionately. 


1788.  LETTERS.  409 

TO   GENERAL  WASHINGTON. 

NEW  YORK,  August  15,  1788. 

DEAR  SIR, — I  have  been  duly  favoured  with  yours  of  the  3rd 
instant.  The  length  of  the  interval  since  my  last  has  proceeded 
from  a  daily  expectation  of  being  able  to  communicate  the  final 
arrangements  for  introducing  the  new  government.  The  place 
of  meeting  has  undergone  much  discussion,  as  you  conjectured, 
and  still  remains  to  be  fixed.  Philadelphia  was  first  named, 
and  negatived  by  a  voice  from  Delaware.  New  York  came 
forward  next,  Lancaster  was  opposed  to  it,  and  failed.  Balti- 
more was  next  tried,  and,  to  the  surprise  of  every  one,  had  seven 
votes.  It  was  easy  to  see  that  that  ground,  had  it  been  free 
from  objections,  was  not  maintainable.  Accordingly,  the  next 
day  New  York  was  inserted  in  the  place  of  it,  with  the  aid  of 
the  vote  of  Rhode  Island.  Rhode  Island,  however,  has  refused 
to  give  a  final  vote  in  the  business,  and  has  actually  retired 
from  Congress.  The  question  will  be  resumed  between  New 
York  and  Philadelphia.  -  It  was  much  to  be  wished  that  a  fit 
place  for  a  respectable  outset  to  the  government  could  be  found 
more  central  than  either.  The  former  is  inadmissible,  if  any 
regard  be  to  be  had  to  the  Southern  or  Western  country.  It  is 
so  with  me  for  another  reason;  that  it  tends  to  stop  the  final 
and  permanent  seat  short  of  the  Potowmac  certainly,  and  prob- 
ably in  the  State  of  New  Jersey.  I  know  this  to  be  one  of  the 
views  of  the  advocates  for  New  York.  The  only  chance  the 
Potowmac  has,  is  to  get  things  in  such  a  train  that  a  coalition 
may  take  place  between  the  southern  and  Eastern  States  on  the 
subject,  and  still  more,  that  the  final  seat  may  be  undecided  for 
two  or  three  years,  within  which  period  the  Western  and  south 
Western  population  will  enter  more  into  the  estimate.  Where- 
ever  Congress  may  be,  the  choice,  if  speedily  made,  will  not  be 
sufficiently  influenced  by  that  consideration.  In  this  point  of 
view,  I  am  of  opinion  Baltimore  would  have  been  unfriendly  to 
the  true  object.  It  would  have  retained  Congress  but  a  mo- 
ment, so  many  States  being  north  of  it,  and  dissatisfied  with  it; 
and  would  have  produced  a  coalition  among  those  States,  and  a 


410  WORKS    OF    MADISON.  1788. 

precipitate  election  of  the  permanent  seat,  and  an  intermediate 
removal  to  a  more  northern  position. 

You  will  have  seen  the  circular  letter  from  the  Convention 
of  this  State.  It  has  a  most  pestilent  tendency.  If  an  early 
general  Convention  cannot  be  parried,  it  is  seriously  to  be 
feared  that  the  system  which  has  resisted  so  many  direct  at- 
tacks may  be  at  last  successfully  undermined  by  its  enemies.  It 
is  now,  perhaps,  to  be  wished  that  Rhode  Island  may  not  ac- 
cede till  this  new  crisis  of  danger  be  over.  Some  think  it 
would  have  been  better  if  even  New  York  had  held  out  till  the 
operation  of  the  government  could  have  dissipated  the  fears 
which  artifice  had  created,  and  the  attempts  resulting  from 
those  fears  and  artifices. 

"We  hear  nothing  yet  from  North  Carolina  more  than  comes 
by  the  way  of  Petersburg. 

With  the  highest  respect  and  attachment,  I  remain,  Dr  Sir, 
your  affect6  serv*. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  August  23d,  1788. 

DEAR  SIR, — My  last  went  via  England,  in  the  hands  of  a  Swiss 
gentleman,  who  had  married  an  American  lady,  and  was  return- 
ing with  her  to  his  own  Country.  He  proposed  to  take  Paris 
in  his  way.  By  that  opportunity  I  inclosed  copies  of  the  pro- 
ceedings of  this  State  on  the  subject  of  the  Constitution. 

North  Carolina  was  then  in  Convention,  and  it  was  generally 
expected  would,  in  some  form  or  other,  have  fallen  into  the  gen- 
eral stream.  The  event  has  disappointed  us.  It  appears  that 
a  large  majority  has  decided  against  the  Constitution  as  it 
stands,  and,  according  to  the  information  here  received,  has 
made  the  alterations  proposed  by  Virginia  the  conditions  on 
which  alone  that  State  will  unite  with  the  others.  Whether 
this  be  the  precise  state  of  the  case,  I  cannot  say.  It  seems  at 
least  certain  that  she  has  either  rejected  the  Constitution,  or 


1788.  LETTERS.  411 

annexed  conditions  precedent  to  her  ratification.  It  cannot  be 
doubted  that  this  bold  step  is  to  be  ascribed  in  part  to  the  in- 
fluence of  the  minority  in  Virginia,  which  lies  mostly  in  the 
Southern  part  of  the  State,  and  to  the  management  of  its  leader. 
It  is  in  part  ascribed,  also,  by  some,  to  assurances  transmitted 
from  leading  individuals  here,  that  New  York  would  set  the 
example  of  rejection. 

The  event,  whatever  may  have  been  its  cause,  with  the  ten- 
dency of  the  circular  letter  from  the  Convention  of  New  York, 
has  somewhat  changed  the  aspect  of  things,  and  has  given  fresh 
hopes  and  exertions  to  those  who  opposed  the  Constitution. 
The  object  with  them  now  will  be  to  effect  an  early  Conven- 
tion, composed  of  men  who  will  essentially  mutilate  the  system, 
particularly  in  the  article  of  taxation,  without  which,  in  my 
opinion,  the  system  cannot  answer  the  purposes  for  which  it 
was  intended.  An  early  Convention  is  in  every  view  to  be 
dreaded  in  the  present  temper  of  America.  A  very  short  period 
of  delay  would  produce  the  double  advantage  of  diminishing 
the  heat  and  increasing  the  light  of  all  parties.  A  trial  for 
one  year  will  probably  suggest  more  real  amendments  than  all 
the  antecedent  speculations  of  our  most  sagacious  politicians. 

Congress  have  not  yet  decided  on  the  arrangements  for  inau- 
gurating the  new  Government.  The  place  of  its  first  meeting 
continues  to  divide  the  Northern  and  Southern  members,  though 
with  a  few  exceptions  to  these  general  descriptions  of  the  par- 
ties. The  departure  of  Rhode  Island,  and  the  refusal  of  North 
Carolina,  in  consequence  of  the  late  event  there,  to  vote  in  the 
question,  threatens  a  disagreeable  issue  to  the  business,  there 
being  now  an  apparent  impossibility  of  obtaining  seven  States 
for  any  one  place.  The  three  Eastern  States  and  New  York, 
reinforced  by  South  Carolina,  and  as  yet  by  New  Jersey,  give 
a  plurality  of  votes  in  favor  of  this  city.  The  advocates  for  a 
more  central  position,  however,  though  less  numerous,  seemed 
very  determined  not  to  yield  to  what  they  call  a  shameful 
partiality  to  one  extremity  of  the  continent.  It  will  be  cer- 
tainly of  far  more  importance  under  the  proposed  than  the  pres- 
ent system  that  regard  should  be  had  to  centrality,  whether  we 


412  WORKS    OF    MADISON.  1788. 

consider  the  number  of  members  belonging  to  the  Government, 
the  diffusive  manner  in  which  they  will  be  appointed,  or  the 
increased  resort  of  individuals  having  business  with  the  Legis- 
lative, Executive,  and  Judiciary  departments. 

If  the  Western  Country  be  taken  into  view,  as  it  certainly 
ought,  the  reasoning  is  still  further  corroborated.  There  is 
good  ground  to  believe  that  a  very  jealous  eye  will  be  kept  in 
that  quarter  on  inattention  to  it,  and  particularly  when  involv- 
ing a  seeming  advantage  to  the  Eastern  States,  which  have  been 
rendered  extremely  suspicious  and  obnoxious  by  the  Mississippi 
project.  There  is  even  good  ground  to  believe  that  Spain  is 
taking  advantage  of  this  disgust  in  Kentucky,  and  is  actually 
endeavoring  to  seduce  them  from  the  Union,  holding  out  a  dar- 
ling object  which  will  never  be  obtained  by  them  as  part  of  the 
Union.  This  is  a  fact  as  certain  as  it  is  important,  but  which 
I  hint  in  strict  confidence,  and  with  a  request  that  no  suspicion 
may  be  excited  of  its  being  known,  particularly  through  the 
channel  of  me.  I  have  this  moment  notice  that  I  must  send  off 
my  letter  instantly,  or  lose  the  conveyance.  I  must  consequently 
defer  further  communications  till  another  opportunity. 

Along  with  this  you  will  receive  a  copy  of  the  report  you 
desired  from  Mr.  Thomson,  and  a  copy  of  the  Federalist,  a  pub- 
lication mentioned  in  my  last. 


TO  GENERAL  WASHINGTON. 

NEW  YORK,  August  24,  1788. 

DEAR  SIR, — I  was  yesterday  favored  with  yours  of  the  17th, 
18th,  under  the  same  cover  with  the  papers  from  Mr.  Pleasants. 
The  circular  letter  from  this  State  is  certainly  a  matter  of  as 
much  regret  as  the  unanimity  with  which  it  passed  is  matter  of 
surprize.  I  find  it  is  every  where,  and  particularly  in  Virginia, 
laid  hold  of  as  the  signal  for  united  exertions  in  pursuit  of  early 
amendments.  In  Pennsylvania,  the  anti-federal  leaders  are,  I 
understand,  soon  to  have  a  meeting  at  Harrisburg,  in  order  to 
concert  proper  arrangements  on  the  part  of  that  State.  I  begin 


1788.  LETTERS.  413 

now  to  accede  to  the  opinion,  which  has  been  avowed  for  some 
time  by  many,  that  the  circumstances  involved  in  the  ratifica- 
tion of  New  York  will  prove  more  injurious  than  a  rejection 
would  have  done.  The  latter  would  have  rather  alarmed  the 
well-meaning  anti-federalists  elsewhere;  would  have  had  no  ill 
effect  on  the  other  party;  would  have  excited  the  indignation 
of  the  neighbouring  States;  and  would  have  been  necessarily 
followed  by  a  speedy  reconsideration  of  the  subject.  I  am  not 
able  to  account  for  the  concurrence  of  the  federal  part  of  the 
convention  in  the  circular  address  on  any  other  principle  than 
the  determination  to  purchase  an  immediate  ratification  in  any 
form  or  at  any  price,  rather  than  disappoint  this  city  of  a  chance 
for  the  new  Congress.  This  solution  is  sufficiently  justified  by 
the  eagerness  displayed  on  this  point,  and  the  evident  disposi- 
tion to  risk  and  sacrifice  everything  to  it.  Unfortunately,  the 
disagreeable  question  continues  to  be  undecided,  and  is  now  in 
a  state  more  perplexing  than  ever.  By  the  last  vote  taken,  the 
whole  arrangement  was  thrown  out,  and  the  departure  of  Rhode 
Island,  and  the  refusal  of  North  Carolina  to  participate  further 
in  the  business,  has  left  eleven  States  only  to  take  it  up  anew. 
In  this  number  there  are  not  seven  States  for  any  place,  and  the 
disposition  to  relax,  as  usually  happens,  decreases  with  the  pro- 
gress of  the  contest.  What  and  when  the  issue  is  to  be,  is  really 
more  than  I  can  foresee.  It  is  truly  mortifying  that  the  outset 
of  the  new  government  should  be  immediately  preceded  by  such 
a  display  of  locality  as  portends  the  continuance  of  the  evil 
which  has  dishonored  the  old,  and  gives  countenance  to  some 
of  the  most  popular  arguments  which  have  been  inculcated  by 
the  southern  Federalists. 

New  York  has  appeared  to  me  extremely  objectionable,  on 
the  following  grounds:  It  violates  too  palpably  the  simple  and 
obvious  principle,  that  the  seat  of  public  business  should  be 
made  as  equally  convenient  to  every  part  of  the  public  as  the 
requisite  accommodations  for  executing  the  business  will  per- 
mit. This  consideration  has  the  more  weight,  as  well  on  ac- 
count of  the  catholic  spirit  professed  by  the  Constitution,  as  of 
the  increased  resort  which  it  will  require  from  every  quarter 


414  WORKS    OF    MADISON.  1788. 

of  the  continent.  It  seems  to  be  particularly  essential  that  an 
eye  should  be  had  in  all  our  public  arrangements  to  the  accom- 
modation of  the  western  country,  which,  perhaps,  cannot  be 
sufficiently  gratified  at  any  rate,  but  which  might  be  furnished 
with  new  fuel  to  its  jealousy  by  being  summoned  to  the  sea 
shore,  and  almost  at  one  end  of  the  continent.  There  are  rea- 
sons, but  of  too  confidential  a  nature  for  any  other  than  verbal 
communication,  which  make  it  of  critical  importance  that  neither 
cause  nor  pretext  should  be  given  for  distrusts  in  that  quarter 
of  the  policy  towards  it  in  this.  I  have  apprehended,  also,  that 
a  preference  so  favorable  to  the  Eastern  States  would  be  repre- 
sented in  the  Southern  as  a  decisive  proof  of  the  preponderance 
of  that  scale,  and  a  justification  of  all  the  anti-federal  arguments 
drawn  from  that  danger.  Adding  to  all  this,  the  recollection 
that  the  first  year  or  two  will  produce  all  the  great  arrange- 
ments under  the  new  system,  and  which  may  fix  its  tone  for  a 
long  time  to  come,  it  seems  of  real  importance  that  the  tempo- 
rary residence  of  the  new  Congress,  apart  from  its  relation  to 
the  final  residence,  should  not  be  thrown  too  much  towards  one 
extremity  of  the  Union.  It  may,  perhaps,  be  the  more  neces- 
sary to  guard  against  suspicions  of  partiality  in  this  case,  as  the 
early  measures  of  the  new  Government,  including  a  navigation 
act,  will  of  course  be  most  favorable  to  this  extremity. 

But  I  own  that  I  am  much  influenced  by  a  view  to  the  final 
residence,  which  I  conceive  to  be  more  likely  to  be  properly 
chosen  in  Philadelphia  than  in  New  York.  The  extreme  excen- 
tricity  of  the  latter  will  certainly,  in  my  opinion,  bring  on  a 
premature,  and  consequently  an  improper  choice.  This  policy 
is  avowed  by  some  of  the  sticklers  for  this  place,  and  is  known 
to  prevail  with  the  bulk  of  them.  People  from  the  interior 
parts  of  Georgia,  South  Carolina,  North  Carolina,  and  Vir- 
ginia, and  Kentucky,  will  never  patiently  repeat  their  trips  to 
this  remote  situation,  especially  as  the  Legislative  sessions  will 
be  held  in  the  winter  season.  Should  no  other  consequence 
take  place  than  a  frequent  or  early  agitation  of  this  contentious 
subject,  it  would  form  a  strong  objection  against  New  York. 

Were  there  occasion  to  fear  a  repugnance  to  the  establish- 


1788.  LETTEES.  415 

• 

ment  of  a  final  seat,  or  a  choice  of  a  commercial  city  for  the 
purpose,  I  should  be  strongly  tempted  to  shun  Philadelphia  at 
all  events.  But  my  only  fear  on  the  first  head  is,  of  a  precipi- 
tancy in  carrying  that  part  of  the  Federal  Constitution  into 
effect,  and  on  the  second,  the  public  sentiment,  as  well  as  other 
considerations,  is  so  fixedly  opposed  as  to  banish  the  danger 
from  my  apprehensions.  Judging  from  my  own  experience  on 
this  subject,  I  conclude,  that  from  motives  of  one  sort  or  another, 
ten  States  at  least,  (that  is,  five  from  each  end  of  the  Union,) 
to  say  nothing  of  the  Western  States,  will,  at  any  proper  time, 
be  ready  to  remove  from  Philadelphia.  The  only  difficulty  that 
can  arise  will  be  that  of  agreeing  on  the  place  to  be  finally  re- 
moved to,  and  it  is  from  that  difficulty  alone,  and  the  delay  in- 
cident to  it,  that  I  derive  my  hope  in  favor  of  the  banks  of  the 
Potowmac.  There  are  some  other  combinations  on  the  subject 
into  which  the  discussion  of  it  has  led  me,  but  I  have  already 
troubled  you  with  more,  I  fear,  than  may  deserve  your  attention. 

The  newspapers  herewith  enclosed  contain  the  European  in- 
telligence brought  by  the  last  packets  from  England. 

With  every  sentiment  of  esteem  and  attachment,  I  remain, 
dear  sir,  your  obt  and  affect9  serv*. 


TO   COL.   JAMES  MADISON. 

NEW  YORK,  Sept'  6th,  1788. 

HOND  Sm, — The  anti-federalists  are  everywhere  exerting 
themselves  for  an  early  Convention.  The  circular  letter  from 
this  State,  and  the  rejection  of  North  Carolina,  give  them  great 
spirits.  Virginia,  I  suppose,  from  the  temper  of  the  present 
Legislature,  will  co-operate  in  the  plan. 

Congress  have  not  yet  settled  the  place  for  the  meeting  of 
the  new  Government.  It  is  most  probable  that  the  advocates 
for  New  York,  who  form  at  present  the  greater  number,  will 
prevail.  In  that  case,  although  I  think  it  a  very  unreasonable 


416  WORKS    OF    MADISON.  1788. 

t 

thing  for  the  Southern  and  Western  parts  of  the  Union,  the 

best  face  must  be  put  on  it. 

*  #  *  *  * 


TO  GENERAL  WASHINGTON. 

NEW  YORK,  September  14.  1788. 

DEAR  SIR, — The  delay  in  providing  for  the  commencement 
of  the  Government  was  terminated  yesterday,  by  an  acquies- 
cence of  the  minor  number  in  the  persevering  demands  of  the 
major.  The  time  for  choosing  the  Electors  is  the  first  Wednes- 
day in  January,  and  for  choosing  the  President,  the  first  Wednes- 
day in  February.  The  meeting  of  the  Government  is  to  be  the 
first  Wednesday  in  March,  and  in  the  city  of  New  York.  The 
times  were  adjusted  to  the  meetings  of  the  State  Legislatures. 
The  plan  was  the  result  of  the  dilemma  to  which  the  opponents 
of  New  York  were  reduced,  of  yielding  to  its  advocates  or 
strangling  the  Government  in  its  birth.  The  necessity  of  yield- 
ing and  the  impropriety  of  further  delay  have  been  for  some 
time  obvious  to  me,  but  others  did  not  view  the  matter  in  the 
same  light.  Maryland  and  Delaware  were  absolutely  inflexible. 
It  has,  indeed,  been  too  apparent  that  local  considerations  have 
very  improperly  predominated  in  this  question,  and  that  some- 
thing more  is  aimed  at  than  merely  the  first  session  of  the  Gov- 
ernment at  this  place.  Every  circumstance  has  shewn  that  the 
policy  is  to  keep  Congress  here  till  a  permanent  seat  be  chosen, 
and  to  obtain  a  permanent  seat,  at  farthest,  not  beyond  the  Sus- 
quehannah.  New  Jersey,  by  its  Legislature,  as  well  as  its  dele- 
gation in  Congress,  has  clearly  discovered  her  view  to  be  a  tem- 
porary appointment  of  New  York,  as  affording  the  best  chance 
of  a  permanent  establishment  at  Trenton.  I  have  been  made 
so  fully  sensible  of  these  views  in  the  course  of  the  business,  as 
well  as  of  the  impropriety  of  so  excentric  a  position  as  New 
York,  that  I  could  have  finally  concurred  in  any  plan  more 
Southward  to  which  the  Eastern  States  would  have  acceded; 
and,  previous  to  the  definitive  vote,  a  motion  was  made  tendering 


1788.  LETTERS.  417 

a  blank  for  that  purpose.  At  any  place  South  of  the  Delaware, 
the  Susquehannah,  at  least,  would  have  been  secured,  and  a 
hope  given  to  the  Potowmac.  As  the  case  is,  I  conceive  the 
Susquehannah  to  be  the  utmost  to  be  hoped  for,  with  no  small 
danger  of  being  stopped  at  the  Delaware.  Besides  this  conse- 
quence, the  decision  will,  I  fear,  be  regarded  as  at  once  a  proof 
of  the  preponderancy  of  the  Eastern  strength,  and  of  a  disposi- 
tion to  make  an  unfair  use  of  it;  and  it  cannot  but  happen  that 
the  question  will  be  entailed  on  the  new  Government,  which 
will  have  enough  of  other  causes  of  agitation  in  its  Councils. 

The  meeting  at  Harrisburg  is  represented  by  its  friends  aa 
having  been  conducted  with  much  harmony  and  moderation.  Its 
proceedings  are  said  to  be  in  the  press,  and  will,  of  course,  soon 
be  before  the  public.  I  find  all  the  mischief  apprehended  from 
Clinton's  circular  letter  in  Virginia  will  be  verified.  The  Anti- 
federalists  lay  hold  of  it  with  eagerness  as  the  harbinger  of  a 
second  Convention,  and  as  the  Governor  espouses  the  project, 
it  will  certainly  have  the  co-operation  of  our  Assembly. 

I  enclose  a  sensible  little  pamphlet,  which  falls  within  the 
plan  of  investigating  and  comparing  the  the  languages  of  the  Abo- 
riginal Americans. 

With  sincerest  attachment,  I  am,  Dr  Sir,  your  obt  and  very 

hble  servr. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  Sepf  21,  1788. 

DEAR  SIR, — Being  informed  of  a  circuitous  opportunity  to 
France,  I  make  use  of  it  to  forward  the  inclosures.  By  one  of 
them  you  will  find  that  Congress  have  been  at  length  brought 
into  the  true  policy  which  is  demanded  by  the  situation  of  the 
Western  country.  An  additional  resolution  on  the  secret 
journal  puts  an  end  to  all  negociation  with  Spain,  referring  the 
subject  of  a  treaty,  after  this  assertion  of  right  to  the  Missis- 
sippi, to  the  new  Government.  The  communication  in  my  last 

VOL.  i.  27 


418  WORKS    OF    MADISON.  1788. 

will  have  shown  you  the  crisis  of  things  in  that  quarter,  a 
crisis,  however,  not  particularly  known  to  Congress,  and  will 
be  a  key  to  some  of  the  Kentucky  toasts  in  the  Virginia 
Gazette. 

The  circular  letter  from  the  New  York  Convention  has  re- 
kindled an  ardor  among  the  opponents  of  the  federal  Constitu- 
tion for  an  immediate  revision  of  it  by  another  General  Con- 
vention. You  will  find  in  one  of  the  papers  inclosed  the  result 
of  the  consultations  in  Pennsylvania  on  that  subject.  Mr 
Henry  and  his  friends  in  Virginia  enter  with  great  zeal  into  the 
scheme.  Governor  Randolph  also  espouses  it,  but  with  a  wish 
to  prevent,  if  possible,  danger  to  the  article  which  extends  the 
power  of  the  Government  to  internal  as  well  as  external  taxa- 
tion. It  is  observable  that  the  views  of  the  Pennsylvania 
meeting  do  not  rhyme  very  well  with  those  of  the  Southern 
advocates  for  a  Convention;  the  objects  most  eagerly  pursued 
by  the  latter  being  unnoticed  in  the  Harrisburg  proceedings 
The  effect  of  the  circular  letter  on  other  States  is  less  known, 
I  conclude  that  it  will  be  the  same  everywhere  among  those 
who  opposed  the  Constitution,  or  contended  for  a  conditional 
ratification  of  it. 

Whether  an  early  Convention  will  be  the  result  of  this 
united  effort  is  more  than  can  at  this  moment  be  foretold.  Tha 
measure  will  certainly  be  industriously  opposed  in  some  parts 
of  the  Union,  not  only  by  those  who  wish  for  no  alterations, 
but  by  others  who  would  prefer  the  other  mode  provided  in  the 
Constitution  as  most  expedient,  at  present,  for  introducing 
those  supplemental  safeguards  to  liberty  against  which  no  ob- 
jections can  be  raised;  and  who  would,  moreover,  approve  of  a 
Convention  for  amending  the  frame  of  the  Government  itself, 
as  soon  as  time  shall  have  somewhat  corrected  the  feverish 
state  of  the  public  mind,  and  trial  have  pointed  its  attention  to 
the  true  defects  of  the  system. 

You  will  find,  also,  by  one  of  the  papers  inclosed,  that  the 
arrangements  have  been  compleated  for  bringing  the  new  Gov- 
ernment into  action.  The  dispute  concerning  the  place  of  its 
meeting  was  the  principal  cause  of  delay;  the  Eastern  States, 


1788.  LETTERS.  419 

with  New  Jersey  and  South  Carolina,  being  attached  to  New 
York,  and  the  others  strenuous  for  a  more  central  position. 
Philadelphia,  Wilmington,  Lancaster,  and  Baltimore,  were  suc- 
cessively tendered  without  effect  by  the  latter,  before  they 
finally  yielded  to  the  superiority  of  members  in  favor  of  this 
city.  I  am  afraid  the  decision  will  give  a  great  handle  to  the 
Southern  anti-federalists,  who  have  inculcated  a  jealousy  of  this 
end  of  the  continent.  It  is  to  be  regretted,  also,  as  entailing 
this  pernicious  question  on  the  new  Congress,  who  will  have 
enough  to  do  in  adjusting  the  other  delicate  matters  submitted 
to  them.  Another  consideration  of  great  weight  with  me  is, 
that  the  temporary  residence  here  will  probably  end  in  a  per- 
manent one  at  Trenton,  or,  at  the  farthest,  on  the  Susquehannah. 
A  removal  in  the  first  instance  beyond  the  Delaware  would  have 
removed  the  alternative  to  the  Susquehannah  and  the  Potow- 
mac.  The  best  chance  of  the  latter  depends  on  a  delay  of  the 
permanent  establishment  for  a  few  years,  until  the  Western  and 
South  Western  population  comes  more  into  view.  This  delay 
cannot  take  place  if  so  excentric  a  place  as  New  York  is  to  be 
the  intermediate  seat  of  business. 

To  the  other  papers  is  added  a  little  pamphlet  on  the  Mohe- 
gan  language.  The  observations  deserve  the  more  attention  as 
they  are  made  by  a  man  of  known  learning  and  character,  and 
may  aid  researches  into  the  primitive  structure  of  language,  as 
well  as  those  on  foot  for  comparing  the  American  tribes  with 
those  on  the  Eastern  frontier  of  the  other  continent. 

In  consequence  of  your  letter  to  Mr.  Jay  on  the  subject  of 
"  outfit,"  &c.,  I  had  a  conference  with  him,  and  he  agreed  to 
suggest  the  matter  to  Congress.  This  was  done,  and  his  letter 
referred  back  to  be  reported  on.  The  idea  between  us  was, 
that  the  reference  should  be  to  a  Committee.  His  letter  coming 
in  at  a  moment  when  I  happened  to  be  out,  it  was,  as  in  course, 
referred  to  his  department.  His  answer  suggested,  that  as  he 
might  be  thought  eventually  concerned  in  the  question,  it  was 
most  proper  for  the  consideration  of  a  Committee.  I  had  dis- 
covered that  he  was  not  struck  with  the  peculiarities  of  your 
case,  even  when  insinuated  to  him.  How  far  the  Committee 


420  WORKS    OF    MADISON.  1788. 

will  be  so  is  more  than  I  can  yet  say.  In  general,  I  have  no 
doubt  that  both  it  and  Congress  are  well  disposed.  But  it  is 
probable  that  the  idea  of  a  precedent  will  beget  much  caution, 
and,  what  is  worse,  there  is  little  probability  of  again  having  a 
quorum  of  States  for  the  business. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  October  8th,  1788. 

DEAR  SIR, — Herewith  inclosed  are  a  letter  for  yourself,  for- 
warded to  my  hands  from  General  Washington,  and  two  others 
for  the  Marquis,  one  from  the  same  quarter,  the  other  from 
myself.  I  put  both  the  last  under  cover  to  you,  not  knowing 
what  regard  may  be  due  to  newspaper  authority  that  the  Mar- 
quis is  under  the  open  displeasure  of  the  court,  and  may  there- 
fore be  the  less  likely  to  receive  letters  through  any  other 
channel.  Sometimes  the  report  runs  that  he  is  in  the  Bastile; 
at  another,  that  he  is  at  the  head  of  a  revolt  in  some  one  of  the 
Provinces. 

My  last  letters  have  followed  each  other  so  quickly,  and  the 
last  of  all  is  of  such  recent  date,  that  this  opportunity  by  a 
gentleman  going  to  France  enables  me  to  add  but  little  to  what 
has  been  already  communicated.  The  result  of  the  meeting  at 
Harrisburg  was  the  latest  event  worthy  of  notice  at  the  date  of 
my  last.  Nothing  has  since  taken  place  in  relation  to  the  new 
Government  but  the  appointment  of  Mr.  Robert  Morris  and 
Mr.  Maclay  to  represent  Pennsylvania  in  the  Senate.  A  law 
has  also  passed  in  that  State  providing  for  the  election  of  mem- 
bers for  the  House  of  Representatives,  and  of  electors  of  the 
President.  The  act  proposes  that  every  citizen  throughout  the 
State  shall  vote  for  the  whole  number  of  members  allotted  to 
the  State.  This  mode  of  election  will  confine  the  choice  to 
characters  of  general  notoriety,  and  so  far  be  favorable  to 
merit.  It  is,  however,  liable  to  some  popular  objections  urged 
against  the  tendency  of  the  new  system.  In  Virginia,  I  am 
inclined  to  think,  the  State  will  be  divided  into  as  many  districts 


1788.  LETTERS.  421 

as  there  are  to  be  members.  In  other  States,  as  in  Connecticut, 
the  Pennsylvania  example  will  probably  be  followed.  And  in 
others,  again,  a  middle  course  be  taken.  It  is,  perhaps,  to  be 
desired  that  various  modes  should  be  tried,  as  by  that  means 
only  the  best  mode  can  be  ascertained. 

There  is  no  doubt  that  General  Washington  will  be  called  to 
the  Presidency.  For  the  vice  Presidency  are  talked  of  princi- 
pally Mr.  Hancock  and  Mr.  Adams.  Mr.  Jay  or  General  Knox 
would,  I  believe,  be  preferred  to  either,  but  both  of  them  will 
probably  chuse  to  remain  where  they  are.  It  is  impossible  to 
say  which  of  the  former  would  be  preferred,  or  what  other  can- 
didates may  be  brought  forward. 

I  have  a  letter  from  Mr.  George  Lee  Turberville,  of  Virginia, 
requesting  me  to  mention  to  you  a  report  proceeding  from 
Greenwich,  that  a  Doctor  Spence  and  his  lady  (the  former  a 
Virginian,  of  respectable  family,  in  the  lower  end  of  the  North- 
ern neck,  and  whose  mother  is  still  living  in  a  second  marriage 
with  a  Doctor  Thomson,  of  Westmoreland  County)  were  cap- 
tured on  their  way  to  Virginia,  and  carried  into  Algiers.  This 
event  is  said  to  have  happened  seven  or  eight  years  ago,  though 
discovered  but  lately,  it  having  been  taken  for  granted  that  the 
vessel  and  all  on  board  had  perished  at  sea.  I  am  much  in- 
clined to  believe  that  this  supposition  is  the  true  one,  and  that 
the  Greenwich  story  has  no  foundation.  I  communicate  it, 
nevertheless,  as  requested  by  Mr.  Turberville,  that  you  may  have 
an  opportunity  of  collecting  for  the  friends  of  Doctor  Spence 
any  information  which  may  be  interesting  to  them,  and  of  taking 
any  steps  that  such  information  may  suggest  in  behalf  of  the 
distressed. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  October  17th,  1788. 

DEAR  SIB, — I  have  written  a  number  of  letters  to  you  since 
my  return  here,  and  shall  add  this  by  another  casual  opportu- 
nity just  notified  to  me  by  Mr.  St.  John.  Your  favor  of  July 


422  WORKS    OF    MADISON.  1788. 

31  came  to  hand  the  day  before  yesterday.  The  pamphlets  of 
the  Marquis  Condorcet  and  Mr.  Dupont,  referred  to  in  it,  have 
also  been  received.  Your  other  letters  enclosed  to  the  Delega- 
tion have  been  and  will  be  disposed  of  as  you  wish,  particularly 
those  to  Col.  Eppes  and  Mr.  Lewis. 

Nothing  has  been  done  on  the  subject  of  the  445  outfit,  1357, 
there  not  having  been  a  Congress  of  nine  States  for  some  time, 
nor  even  of  seven  for  the  last  week.  It  is  pretty  certain  that 
there  will  not  again  be  a  quorum  of  either  number  within  the 
present  year,  and  by  no  means  certain  that  there  will  be  one  at 
all  under  the  old  Confederation.  The  Committee,  finding  that 
nothing  could  be  done,  have  neglected  to  make  a  report  as  yet. 
I  have  spoken  with  a  member  of  it  in  order  to  get  one  made, 
that  the  case  may  fall,  of  course,  and  in  a  favorable  shape, 
within  the  attention  of  the  new  Government.  The  fear  of  a 
precedent  will  probably  lead  to  an  allowance  for  a  limited  time 
of  the  salary,  as  enjoyed  originally  by  foreign  ministers,  in  pref- 
erence to  a  separate  allowance  for  outfit.  One  of  the  members 
of  the  Treasury  board,  who  ought,  if  certain  facts  have  not  es- 
caped his  memory,  to  witness  the  reasonableness  of  your  calcu- 
lations, takes  occasion,  I  find,  to  impress  a  contrary  idea.  For- 
tunately, his  influence  will  not  be  a  very  formidable  obstacle  to 
right. 

The  States  which  have  adopted  the  New  Constitution  are  all 
proceeding  to  the  arrangements  for  putting  it  into  action  in 
March  next.  Penna  alone  has  as  yet  actually  appointed  Depu- 
ties, and  that  only  for  the  Senate.  My  last  mentioned  that 
these  were  Mr.  R.  Morris  and  a  Mr.  McClay.  How  the  other 
elections  there  and  elsewhere  will  run  is  matter  of  uncertainty. 
The  Presidency  alone  unites  the  conjectures  of  the  public.  The 
Vice  President  is  not  at  all  marked  out  by  the  general  voice. 
As  the  President  will  be  from  a  Southern  State,  it  falls  almost 
of  course  for  the  other  part  of  the  Continent  to  supply  the  next 
in  rank.  South  Carolina  may,  however,  think  of  Mr.  Rutledge, 
unless  it  should  be  previously  discovered  that  votes  will  be 
wasted  on  him. 

The  only  candidates  in  the  Northern  States  brought  forward 


1788.  LETTERS.  423 

with  their  known  consent  are  Hancock  and  Adams.  Between 
these  it  seems  probable  the  question  will  lie.  Both  of  them  are 
objectionable,  and  would,  I  think,  be  postponed  by  the  general 
suffrage  to  several  others,  if  they  would  accept  the  place.  Han- 
cock is  weak,  ambitious,  a  courtier  of  popularity,  given  to  low 
intrigue,  and  lately  reunited  by  a  factious  friendship  with  S. 
Adams.  J.  Adams  has  made  himself  obnoxious  to  many,  par- 
ticularly in  the  Southern  States,  by  the  political  principles 
avowed  in  his  book.  Others,  recollecting  his  cabal  during  the 
war  against  General  Washington,  knowing  his  extravagant 
self-importance,  and  considering  his  preference  of  an  unprofit- 
able dignity  to  some  place  of  emolument  better  adapted  to  his 
private  fortune  as  a  proof  of  his  having  an  eye  to  the  Presi- 
dency, conclude  that  he  would  not  be  a  very  cordial  second  to 
the  General,  and  that  an  impatient  ambition  might  even  intrigue 
for  a  premature  advancement.  The  danger  would  be  the  greater 
if  factious  characters,  as  may  be  the  case,  should  get  into  the 
public  councils.  Adams,  it  appears,  is  not  unaware  of  some  of 
the  obstacles  to  his  wish,  and  through  a  letter  to  Smith  has 
thrown  out  popular  sentiments  as  to  the  proposed  President. 

The  little  pamphlet  herewith  inclosed  will  give  you  a  collect- 
ive view  of  the  alterations  which  have  been  proposed  by  the 
State  Conventions  for  the  new  Constitution.  Various  and  nu- 
merous as  they  appear,  they  certainly  omit  many  of  the  true 
grounds  of  opposition.  The  articles  relating  to  Treaties,  to 
paper  money,  and  to  contracts,  created  more  enemies  than  all 
the  errors  in  the  system,  positive  and  negative,  put  together. 

It  is  true,  nevertheless,  that  not  a  few,  particularly  in  Vir- 
ginia, have  contended  for  the  proposed  alterations  from  the 
most  honorable  and  patriotic  motives;  and  that  among  the  ad- 
vocates for  the  Constitution  there  are  some  who  wish  for  fur- 
ther guards  to  public  liberty  and  individual  rights.  As  far  as 
these  may  consist  of  a  constitutional  declaration  of  the  most 
essential  rights,  it  is  probable  they  will  be  added;  though  there 
are  many  who  think  such  addition  unnecessary,  and  not  a  few 
who  think  it  misplaced  in  such  a  Constitution.  There  is  scarce 


424  WORKS    OF    MADISON.  1788. 

any  point  on  which  the  party  in  opposition  is  so  much  divided 
as  to  its  importance  and  its  propriety.  My  own  opinion  has 
always  been  in  favor  of  a  bill  of  rights,  provided  it  be  so  framed 
as  not  to  imply  powers  not  meant  to  be  included  in  the  enume- 
ration. At  the  same  time,  I  have  never  thought  the  omission  a 
material  defect,  nor  been  anxious  to  supply  it  even  by  subse- 
quent amendment,  for  any  other  reason  than  that  it  is  anxiously 
desired  by  others.  I  have  favored  it  because  I  supposed  it  might 
be  of  use,  and,  if  properly  executed,  could  not  be  of  disservice. 

I  have  not  viewed  it  in  an  important  light — 1.  Because  I  con- 
ceive that  in  a  certain  degree,  though  not  in  the  extent  argued 
by  Mr.  Wilson,  the  rights  in  question  are  reserved  by  the  man- 
ner in  which  the  federal  powers  are  granted.  2.  Because  there 
is  great  reason  to  fear  that  a  positive  declaration  of  some  of 
the  most  essential  rights  could  not  be  obtained  in  the  requisite 
latitude.  I  am  sure  that  the  rights  of  conscience  in  particular, 
if  submitted  to  public  definition,  would  be  narrowed  much  more 
than  they  are  likely  ever  to  be  by  an  assumed  power.  One  of 
the  objections  in  New  England  was,  that  the  Constitution,  by 
prohibiting  religious  tests,  opened  a  door  for  Jews,  Turks,  and 
infidels.  3.  Because  the  limited  powers  of  the  federal  Govern- 
ment, and  the  jealousy  of  the  subordinate  Governments,  afford 
a  security  which  has  not  existed  in  the  case  of  the  State  Gov- 
ernments, and  exists  in  no  otlier.  4.  Because  experience  proves 
the  inefficacy  of  a  bill  of  rights  on  those  occasions  when  its 
controul  is  most  needed.  Repeated  violations  of  these  parch- 
ment barriers  have  been  committed  by  overbearing  majorities 
in  every  State. 

In  Virginia,  I  have  seen  the  bill  of  rights  violated  in  every 
instance  where  it  has  been  opposed  to  a  popular  current.  Not- 
withstanding the  explicit  provision  contained  in  that  instru- 
ment for  the  rights  of  conscience,  it  is  well  known  that  a  re- 
ligious establishment  would  have  taken  place  in  that  State,  if  the 
Legislative  majority  had  found,  as  they  expected,  a  majority  of 
the  people  in  favor  of  the  measure;  and  I  am  persuaded  that  if 
a  majority  of  the  people  were  now  of  one  sect,  the  measure  would 


1788.  LETTERS.  425 

still  take  place,  and  on  narrower  ground  than  was  then  proposed, 
notwithstanding  the  additional  obstacle  which  the  law*  has 
since  created. 

Wherever  the  real  power  in  a  Government  lies,  there  is  the 
danger  of  oppression.  In  our  Governments  the  real  power  lies 
in  the  majority  of  the  community,  and  the  invasion  of  private 
rights  is  chiefly  to  be  apprehended,  not  from  acts  of  Government 
contrary  to  the  sense  of  its  constituents,  but  from  acts  in  which 
the  Government  is  the  mere  instrument  of  the  major  number  of 
the  Constituents.  This  is  a  truth  of  great  importance,  but  not 
yet  sufficiently  attended  to;  and  is  probably  more  strongly  im- 
pressed on  my  mind  by  facts  and  reflections  suggested  by  them 
than  on  yours,  which  has  contemplated  abuses  of  power  issuing 
from  a  very  different  quarter.  Wherever  there  is  an  interest 
and  power  to  do  wrong,  wrong  will  generally  be  done,  and  not 
less  readily  by  a  powerful  and  interested  party  than  by  a  pow- 
erful and  interested  prince.  The  difference,  so  far  as  it  relates 
to  the  superiority  of  republics  over  monarchies,  lies  in  the  less 
degree  of  probability  that  interest  may  prompt  abuses  of  power 
in  the  former  than  in  the  latter;  and  in  the  security  in  the 
former  against  an  oppression  of  more  than  the  smaller  part  of 
the  Society,  whereas,  in  the  latter,  it  may  be  extended  in  a  man- 
ner to  the  whole. 

The  difference,  so  far  as  it  relates  to  the  point  in  question — 
the  efficacy  of  a  bill  of  rights  in  controuling  abuses  of  power — 
lies  in  this:  that  in  a  monarchy  the  latent  force  of  the  nation  is 
superior  to  that  of  the  Sovereign,  and  a  solemn  charter  of  pop- 
ular rights  must  have  a  great  effect  as  a  standard  for  trying 
the  validity  of  public  acts,  and  a  signal  for  rousing  and  uniting 
the  superior  force  of  the  community;  whereas,  in  a  popular  Gov- 
ernment, the  political  and  physical  power  may  be  considered  as 
vested  in  the  same  hands,  that  is,  in  a  majority  of  the  people, 
and,  consequently,  the  tyrannical  will  of  the  Sovereign  is  not 
to  be  controuled  by  the  dread  of  an  appeal  to  any  other  force 
within  the  community. 

*  The  bill  of  Religious  freedom. 


426  WORKS    OF    MADISON.  1788. 

What  use,  then,  it  may  be  asked,  can  a  bill  of  rights  serve  in 
popular  Governments?  I  answer,  the  two  following,  which, 
though  less  essential  than  in  other  Governments,  sufficiently 
recommend  the  precaution:  1.  The  political  truths  declared  in 
that  solemn  manner  acquire  by  degrees  the  character  of  funda- 
mental maxims  of  free  Government,  and  as  they  become  incor- 
porated with  the  National  sentiment,  counteract  the  impulses 
of  interest  and  passion.  2.  Although  it  be  generally  true,  as 
above  stated,  that  the  danger  of  oppression  lies  in  the  interested 
majorities  of  the  people  rather  than  in  usurped  acts  of  the  Gov- 
ernment, yet  there  may  be  occasions  on  which  the  evil  may 
spring  from  the  latter  source;  and  on  such,  a  bill  of  rights  will 
be  a  good  ground  for  an  appeal  to  the  sense  of  the  community. 
Perhaps,  too,  there  may  be  a  certain  degree  of  danger  that  a 
succession  of  artful  and  ambitious  rulers  may,  by  gradual  and 
well-timed  advances,  finally  erect  an  independent  Government 
on  the  subversion  of  liberty.  Should  this  danger  exist  at  all, 
it  is  prudent  to  guard  against  it,  especially  when  the  precaution 
can  do  no  injury. 

At  the  same  time,  I  must  own  that  I  see  no  tendency  in  our 
Governments  to  danger  on  that  side.  It  has  been  remarked 
that  there  is  a  tendency  in  all  Governments  to  an  augmentation 
of  power  at  the  expence  of  liberty.  But  the  remark,  as  usually 
understood,  does  not  appear  to  me  well  founded.  Power,  when 
it  has  attained  a  certain  degree  of  energy  and  independence, 
goes  on  generally  to  further  degrees.  But  when  below  that  de- 
gree, the  direct  tendency  is  to  further  degrees  of  relaxation,  un- 
til the  abuses  of  liberty  beget  a  sudden  transition  to  an  undue 
degree  of  power.  With  this  explanation  the  remark  may  be 
true;  and  in  the  latter  sense  only  is  it,  in  my  opinion,  applica- 
ble to  the  existing  Governments  in  America.  It  is  a  melan- 
choly reflection  that  liberty  should  be  equally  exposed  to  dan- 
ger whether  the  Government  have  too  much  or  too  little  power, 
and  that  the  line  which  divides  these  extremes  should  be  so  in- 
accurately defined  by  experience. 

Supposing  a  bill  of  rights  to  be  proper,  the  articles  which 
ought  to  compose  it  admit  of  much  discussion.  I  am  inclined 


1788.  LETTERS.  427 

to  think  that  absolute  restrictions  in  cases  that  are  doubtful,  or 
where  emergencies  may  overrule  them,  ought  to  be  avoided. 
The  restrictions,  however  strongly  marked  on  paper,  will  never 
be  regarded  when  opposed  to  the  decided  sense  of  the  public; 
and  after  repeated  violations,  in  extraordinary  cases  will  lose 
even  their  ordinary  efficacy.  Should  a  Rebellion  or  insurrec- 
tion alarm  the  people  as  well  as  the  Government,  and  a  suspen- 
sion of  the  Habeas  Corpus  be  dictated  by  the  alarm,  no  written 
prohibitions  on  earth  would  prevent  the  measure.  Should  an 
army  in  time  of  peace  be  gradually  established  in  our  neighbor- 
hood by  Britain  or  Spain,  declarations  on  paper  would  have  as 
little  effect  in  preventing  a  standing  force  for  the  public  safety. 
The  best  security  against  these  evils  is  to  remove  the  pretext 
for  them. 

With  regard  to  monopolies,  they  are  justly  classed  among  the 
greatest  nuisances  in  Government.  But  is  it  clear  that,  as  en- 
couragements to  literary  works  and  ingenious  discoveries,  they 
are  not  too  valuable  to  be  wholly  renounced?  Would  it  not 
suffice  to  reserve  in  all  cases  a  right  to  the  public  to  abolish  the 
privilege,  at  a  price  to  be  specified  in  the  grant  of  it?  Is  there 
not,  also,  infinitely  less  danger  of  this  abuse  in  our  Govern- 
ments than  in  most  others?  Monopolies  are  sacrifices  of  the 
many  to  the  few.  Where  the  power  is  in  the  few,  it  is  natural 
for  them  to  sacrifice  the  many  to  their  own  partialities  and  cor- 
ruptions. Where  the  power,  as  with  us,  is  in  the  many,  not  in 
the  few,  the  danger  cannot  be  very  great  that  the  few  will  be 
thus  favored.  It  is  much  more  to  be  dreaded  that  the  few  will 
be  unnecessarily  sacrificed  to  the  many. 

I  enclose  a  paper  containing  the  late  proceedings  in  Ken- 
tucky. I  wish  the  ensuing  Convention  may  take  no  step  inju- 
rious to  the  character  of  the  District,  and  favorable  to  the  views 
of  those  who  wish  ill  to  the  United  States.  One  of  my  late  let- 
ters communicated  some  circumstances  which  will  not  fail  to 
occur  on  perusing  the  objects  of  the  proposed  Convention  in 
next  month.  Perhaps,  however,  there  may  be  less  connection 
between  the  two  cases  than  at  first  one  is  ready  to  conjecture. 

I  am,  dear  sir,  with  the  sincerest  esteem  and  affection,  yours. 


428  WORKS    OF    MADISON.  1788. 


TO  EDMUND   PENDLETON. 

NEW  YOKK,  Ocf  20th,  1788. 

DEAR  SIR, — I  acknowledge  with  much  pleasure  your  favor 
of  the  6th  instant.  The  "balmy"  nature  of  the  Resolutions 
concerning  the  Mississippi  will,  I  hope,  have  the  effect  you 
suggest;  though  the  wounds  given  to  some,  and  the  pretexts 
given  to  others,  by  the  proceedings  which  rendered  them  neces- 
sary, will  not,  I  fear,  be  radically  removed.  The  light  in  which 
the  temporary  seat  of  the  new  Government  is  viewed  and 
represented  by  those  who  were  governed  by  antecedent  jealousies 
of  this  end  of  the  Union  is  a  natural  one,  and  the  apprehension 
of  it  was  among  the  most  persuasive  reasons  with  me  for  con- 
tending, with  some  earnestness,  for  a  less  eccentric  position.  A 
certain  degree  of  impartiality,  or  the  appearance  of  it,  is  neces- 
sary in  the  most  despotic  Governments.  In  republics  this  may 
be  considered  as  the  vital  principle  of  the  administration.  And 
in  a  federal  Republic,  founded  on  local  distinctions,  involving 
local  jealousies,  it  ought  to  be  attended  to  with  a  still  more 
scrupulous  exactness. 

I  am  glad  to  find  you  concurring  in  the  requisite  expedients 
for  preventing  anti-federal  elections  and  a  premature  Conven- 
tion. The  circular  letter  from  this  State  has  united  and  ani- 
mated the  efforts  on  the  adverse  side  with  respect  to  both  these 
points.  An  early  Convention  threatens  discord  and  mischief. 
It  will  be  composed  of  the  most  heterogeneous  characters;  will 
be  actuated  by  the  party  spirit  reigning  among  their  constitu- 
ents; will  comprehend  men  having  insidious  designs  against  the 
Union;  and  can  scarcely,  therefore,  terminate  in  harmony  or 
the  public  good.  Let  the  enemies  to  the  system  wait  until  some 
experience  shall  have  taken  place,  and  the  business  will  be 
conducted  with  more  light,  as  well  as  with  less  heat.  In  the 
mean  time,  the  other  mode  of  amendments  may  safely  be  em- 
ployed to  quiet  the  fears  of  many,  by  supplying  those  further 
guards  for  private  rights  which  can  do  no  harm  to  the  system, 
in  the  judgment  even  of  its  most  partial  friends,  and  will  even 
be  approved  by  others  who  have  steadily  supported  it. 

It  appears  from  late  foreign  intelligence  that  war  is  likely 


1788.  LETTERS.  429 

to  spread  its  flames  still  farther  among  the  unfortunate  inhabi- 
tants of  the  old  world.  France  is  certainly  enough  occupied 
already  with  her  internal  fermentations.  At  present  the  struggle 
is  merely  between  the  Aristocracy  and  the  Monarchy.  The  only 
chance  in  favor  of  the  people  lies  in  the  mutual  attempts  of  the 
competitors  to  make  their  side  of  the  question  the  popular  one. 
The  late  measures  of  the  Court  have  that  tendency.  The  nobility 
and  clergy,  who  wish  to  accelerate  the  States-General,  wish  at 
the  same  time  to  have  it  formed  on  the  antient  model,  established 
on  the  feudal  idea,  which  excluded  the  people  almost  altogether. 
The  Court  has  at  length  agreed  to  convene  this  Assembly  in 
May,  but  is  endeavouring  to  counteract  the  aristocratic  policy, 
by  admitting  the  people  to  a  greater  share  of  representation. 
In  both  the  parties  there  are  some  real  friends  to  liberty,  who 
will  probably  take  advantage  of  circumstances  to  promote  their 
object.  Of  this  description,  on  the  anti-court  side,  is  our  friend, 
the  Marquis.  It  is  not  true,  I  believe,  that  he  is  in  the  Bastile, 
but  true  that  he  is  in  disgrace,  as  the  phrase  there  is. 


TO  GENERAL  WASHINGTON. 

NEW  YORK,  October  21, 1788. 

DEAR  SIR, — I  send  you  the  enclosed  paper  chiefly  for  the 
sake  of  the  edict,  which  fixes  on  May  for  the  meeting  of  the 
States  General  in  France.  Letters  from  Mr.  Jefferson  authen- 
ticate the  document.  They  mention  also  the  disgrace,  as  it  is 
called,  of  the  Marquis.  The  struggle  at  present,  in  that  king- 
dom, seems  to  be  entirely  between  the  monarchy  and  aristocracy, 
and  the  hopes  of  the  people  merely  in  the  competition  of  their 
enemies  for  their  favour.  It  is  probable,  however,  that  both 
the  parties  contain  real  friends  to  liberty,  who  will  make  events 
subservient  to  their  object. 

The  Count  Moustier  and  the  Marchioness  Brehan  are  to  set 
out  this  day  for  Mount  Vernon.  I  take  it  for  granted  you  are 
not  only  apprised  of  the  intended  visit,  but  of  the  time  at  which 
the  guests  may  be  expected. 


430  WORKS    OF    MADISON.  1788. 

The  State  of  Connecticut  has  made  choice  of  Doctr  Johnson 
and  Mr.  Ellsworth  for  its  Senators,  and  has  referred  that  of  its 
representatives  to  the  people  at  large;  every  individual  citizen 
to  vote  for  every  Representative. 

I  have  not  heretofore  acknowledged  your  last  favor,  nothing 
material  having  turned  up  for  some  time,  and  the  purpose  of 
Col.  Carrington  to  see  you  on  his  way  to  Virginia  superseding 
all  the  ordinary  communications  through  the  epistolary  channel. 

It  gives  me  much  pleasure  to  find  that  both  the  opposition,  at 
first,  and  finally  the  accession,  to  the  vote  fixing  New  York  for 
the  first  meeting  of  the  new  Congress,  has  your  approbation. 
My  fears  that  the  measure  would  be  made  a  handle  of  by  the 
opposition  are  confirmed  in  some  degree  by  my  late  information 
from  Virginia.  Mr.  Pendleton,  the  chancellor,  tells  me  he  has 
already  met  taunts  from  that  quarter  on  this  specimen  of  East- 
ern equity  and  impartiality.  Whether  much  noise  will  be  made, 
•will  depend  on  the  policy  which  Mr.  Henry  may  find  it  conve- 
nient to  adopt.  As  New  York  is  at  the  head  of  his  party,  he 
may  be  induced  by  that  circumstance  not  to  make  irritating 
reflections;  though  the  fact  is,  that  the  party  in  this  State  which 
is  with  him  is  supposed  to  be  indifferent,  and  even  secretly 
averse,  to  the  residence  of  Congress  here.  This,  however,  may 
not  be  known  to  him. 

I  am,  Dear  Sir,  yours  most  respectfully  and  affecte'y. 


Questions  from  and  answers  to  the  Count  de  Moustier,  Minister 
Plenipotentiary  of  France,  October  30,  1788. 

1.  Quelle  est  1'opin-        1-  I*  ig  n°t  easy  to  give  a  precise  answer 

ion  deshabitansles  plus  to  this  question,  many  of  the  best  informed 
instruits  de  la  Virginia,  .  . 

sur  le  contrat  dc  la  fer-  not  having  been  led  to  communicate  their 


°Pinions'  and  others  having  been  directly 
teme  qvriis  voudroient  or  indirectly  interested  on  one  side  or  the 
y  substituer?  other.  It  seems  to  have  been  rather  the 

prevailing  opinion  that  the  contract  was  more  hurtful  to  the 


1788.          DE  MOUSTIER'S  QUESTIONS,  ETC.          431 

price  of  tobacco  than  a  supply  of  the  Farmer  General  by  pur- 
chases made  in  the  English  or  other  Foreign  Markets.  This 
opinion  must  be  founded  on  a  supposition  that  the  Mercantile 
sellers  in  Europe  could  more  easily  combine  and  counteract  the 
monopoly  than  the  Planters  of  America.  It  does  not  appear 
that  those  who  dislike  their  contract  have  particularly  turned 
their  thoughts  to  a  system  proper  to  be  substituted.  The  gene- 
ral idea  seems  to  have  been  that  some  arrangement  in  France, 
disarming  the  monopoly  there  of  its  influence,  direct  or  indirect, 
on  the  market  here,  could  alone  effectually  answer  the  purpose. 

2.  Nepourrionsnous        The  manufacture  of  this  article  being 
pas  fournir  a  tres  bon    extremely  simple,  and  easily  accommodated 

marche"  le  gros  lainage  ,  ,  „  .  . 

pour  iTmbiiiimente  des  to  the  use,  the  event  of  a  competition  must 
nesres?  depend  on  the  comparative  price  of  the 

material.  The  cloathing  of  negroes  is  made  of  the  coarsest 
materials.  It  is  at  present  supplied.in  part  by  family  manufac- 
ture, especially  where  a  few  negroes  only  belong  to  the  same 
master,  and  this  resource  is  daily  increasing.  Principal  part, 
however,  comes  from  G.  Britain;  and  if  no  foreign  competition 
interferes,  this  must  be  the  case  for  a  considerable  time. 

3.  Virginia  produces  Tobacco,  Wheat, 

3.  Quels  sont  en  gene-     TJ-/-I          T        i  i  ^  ••  i 
ral  les  objects  de  coin-    Indian  Corn,  Lumber,  salt  provisions,  coal, 

merce,  do'nt  n  pourroit    iron    Hemp,  tar,  pitch,  turpentine,  flax- 

fetre    mteressant    d'en-  '     „,./.,,. 

courager  Pimportation  seed,  bhip-building  can  be  carried  on  also 
Antics1?™11'56' S0it  aUX  advantageously.  It  is  the  interest  of  Vir- 
ginia to  find  encouragement  for  all  these 
articles;  and  of  France  to  give  encouragement,  so  far,  at  least, 
as  she  does  not  herself  produce  them.  Tobacco,  naval  stores, 
ready-built  vessels,  flax-seed,  and  occasionally  wheat  and  flour 
also,  are  wanted  in  France.  Flour,  Bread,  Indian  Corn,  salt 
provisions,  lumber,  and  ready-built  vessels  of  inferior  size,  are 
adapted  to  the  wants  of  the  Islands. 

4.  As  Virginia  does  not  manufacture, 

4.  Quelles  sont  d'un 

autre  cot€  les  marchan-  and  consumes  less  or  more  oi  a  very  great 

iffeS  doTiSrvS  Variet7  of  articles,  she  may  be  considered 

giniens  paroissent  avoir  as  wanting  most  of  the  French  manufac- 

le  plus  grand  besoin?  tures  recommended  by  tMr   quality  and 


432  WORKS    OF    MADISON.  1788. 

price.  At  present,  the  coarser  woolens  of  France  are  inferior 
to  those  of  Britain,  and  her  coarser  linens  to  those  of  Germany. 
In  the  articles  of  hardware  and  leather,  the  English  have  also 
greatly  the  advantage.  Wines,  brandies,  oil,  Fruits,  silks, 
cambricks,  Lawns,  printed  goods,  Glass,  Kid  gloves,  ribbons, 
superfine  broadcloths,  <%c.,  are  articles  which  may  be  best  ob- 
tained from  France.  The  goods  imported,  as  valued  at  the 
ports  of  delivery,  between  Sepr  1,  '86,  and  July  20,  '87, 
amounted  to  949.444.00-7,  excluding  Salt,  distilled  spirits,  wine, 
malt  liquors,  cheese,  Tea,  sugar,  coffee.  These  paid  a  duty  ad 
quantitatem,  and  therefore  the  value  does  not  appear.  It  need 
not  be  remarked  that  in  all  cases  the  entries  subject  to  duty 
fall  short  of  the  truth.  The  productions  of  the  Islands  most 
wanted  in  Virginia  are  sugar  and  coffee.  Between  Sepr  1,  ;86, 
and  July  20,  '87,  were  entered  2,126,673lbs  sugar,  and  147,591 
of  coffee.  Molasses  also  is  wanted;  and  Taffia,  perhaps,  in  a 
small  degree.  Cotton  is  raised  in  Virginia,  as  far  as  it  is 
needed  for  domestic  manufacture. 

5.  Est  ii  vraisembia-  5-  Jt  would  be  V6I7  difficult  for  brandy 
ble  que  les  eaux  de  vie  entirely  to  supplant  rum.  A  moderate 

de  France  fassent  torn-  /»    '  i  -, 

ber  entitlement  le  Rum  preference,  however,  would  soon  make  it  a 
des  isles?  Aquoipeut  formidable  rival.  The  small  encourage- 

ee  monter  la  consomrua- 

tion  annuelie  des  vins    ment  hitherto  given  to  brandy  has  had  a 

de  France  in  Virginie?     very  sengible  effect  in  pr0moting  the  US6 

of  it,  and  as  antecedent  habits  become  weakened,  the  use  will 
spread  of  itself.  The  brandies  (doubtless  from  France,  with 
very  trifling  exceptions)  entered  on  the  Custom-House  books 
between  Sept.  1,  '86,  and  July  20,  '87,  amounted  to  10,630  gal- 
lons; and  it  is  conjectured  that  the  direct  importations  not 
entered,  with  the  considerable  quantity  introduced  by  the  way 
of  Maryland,  where  the  duty  has  been  lower,  may  amount  to 
half  as  much.  The  Rum  entered  within  that  period  amounted 
to  499,083  gallons;  the  Gin  to  9,102^  Gallons;  and  the  cordials 
and  other  spirits  to  4,169|  Gals. 

The  Wines  entered  within  the  above  periods  amounted  to 
109,948  Gallons,  on  which  quantity  about  40,000  gal8  were 
French. 


1788. 


LETTERS. 


433 


6.  French  salt  is  little,  if  at  all,  used  in 
Virginia.     The  eye  is  displeased  at  its 
colour,  and  the  supposition  is  favored  by 
that  circumstance  that  it  is  dirty  and  infe- 
rior to  the  British  and  other  white  salt. 

The  objection  suggests  the  means  of  rendering  the  use  more 
common. 

7.  Of  the  vessels  entered  between  the 
above  dates,  the  American  amounted  to 
26,705  tons;  the  British,  and  those  of  other 
nations  not  in  alliance,  26,903  tons;  the 
French,  and  those  of  other  nations   in 
alliance,  2,664  tons.     The  law  having  re- 
quired no  other  discriminations,  the  Cus- 

tom-House  books  do  not  furnish  a  more  particular  answer. 

8.  The  answer  to  this  important  ques- 
tion ought  to  be  the  result  of  much  infor- 
mation,  as   well    as    consideration.     At 
present,  Mr.  M.  is  not  prepared  with  such 
an  one.     Whenever  he  shall  have  formed 
an  opinion  on  the  subject  which  he  thinks 
worth  the  attention  of  Count  M.,  it  shall 
be  communicated. 


6.  Se  sert  on  beau- 
coup  du  sel  de  France 
pour  les  salaisons  et  que 
faut  it  faire  pour  en  ren- 
dre  1 'usage  plus  com- 


7.  La  Virg8  com- 
mence-t-elle  a  exporter 
elle  mdme  ses  deuries  et 
quelle  est  la  proportion 
de  sa  navigation  avec 
celle  des  autres  nations 
pour  le  transport  des 
tabacs  et  autres  arti- 
cles? 


8.  Comme  les  Ameri- 
cains  desirent  beaucoup 
d'obtenir  de  nouvelles 
favours  dans  ncs  Antil- 
les, que  pourroient-ils 
proposer  pour  i'aciliter 
un  arrangement  de  cette 
nature  sans  trop  pre- 
judicier  aux  avantages 
que  la  France  ne  cesse 
de  tirer  de  ses  Colonies? 


TO  G.   L.  TURBERVILLE. 

NEW  YORK,  November  2d,  1788. 

DEAR  SIR, — Your  favor  of  the  20th  ultimo  not  having  got 
into  my  hands  in  time  to  be  acknowledged  by  the  last  mail,  I 
have  now  the  additional  pleasure  of  acknowledging  along  with 
it  your  favor  of  the  24,  which  I  received  yesterday. 

You  wish  to  know  my  sentiments  on  the  project  of  another 
general  Convention,  as  suggested  by  New  York.  I  shall  give 
them  to  you  with  great  frankness,  though  I  am  aware  they  may 
not  coincide  with  those  in  fashion  at  Richmond,  or  even  with 
your  own.  I  am  not  of  the  number,  if  there  be  any  such,  who 

VOL.  i.  28 


434  WORKS    OF    MADISON.  1788. 

think  the  Constitution  lately  adopted  a  faultless  work.  On 
the  contrary,  there  are  amendments  which  I  wished  it  to  have 
received  before  it  issued  from  the  place  in  which  it  was  formed. 
These  amendments  I  still  think  ought  to  be  made,  according  to 
the  apparent  sense  of  America;  and  some  of  them,  at  least,  I 
presume  will  be  made.  There  are  others  concerning  which 
doubts  are  entertained  by  many,  and  which  have  both  advocates 
and  opponents  on  each  side  of  the  main  question.  These,  I 
think,  ought  to  receive  the  light  of  actual  experiment  before  it 
would  be  prudent  to  admit  them  into  the  Constitution.  With 
respect  to  the  first  class,  the  only  question  is,  which  of  the  two 
modes  provided  be  most  eligible  for  the  discussion  and  adop- 
tion of  them. 

The  objections  against  a  Convention  which  give  a  preference 
to  the  other  mode,  in  my  judgment,  are  the  following:  1.  It  will 
add  to  the  difference  among  the  States  on  the  merits  another 
and  an  unnecessary  difference  concerning  the  mode.  There  are 
amendments  which,  in  themselves,  will  probably  be  agreed  to 
by  all  the  States,  and  pretty  certainly  by  the  requisite  propor- 
tion of  them.  If  they  be  contended  for  in  the  mode  of  a  Con- 
vention, there  are  unquestionably  a  number  of  States  who  will 
be  so  averse  and  apprehensive  as  to  the  mode,  that  they  will 
reject  the  merits  rather  than  agree  to  the  mode.  A  Conven- 
tion, therefore,  does  not  appear  to  be  the  most  convenient  or 
probable  channel  for  getting  to  the  object.  2.  A  Convention 
cannot  be  called  without  the  unanimous  consent  of  the  parties 
who  are  to  be  bound  by  it,  if  first  principles  are  to  be  recurred 
to;  or  without  the  previous  application  of  two-thirds  of  the 
State  Legislatures,  if  the  forms  of  the  Constitution  are  to  be 
pursued.  The  difficulties  in  either  of  these  cases  must  evidently 
be  much  greater  than  will  attend  the  origination  of  amendments 
in  Congress,  which  may  be  done  at  the  instance  of  a  single 
State  Legislature,  or  even  without  a  single  instruction  on  the 
subject.  3.  If  a  general  Convention  were  to  take  place  for  the 
avowed  and  sole  purpose  of  revising  the  Constitution,  it  would 
naturally  consider  itself  as  having  a  greater  latitude  than  the 
Congress  appointed  to  administer  and  support  as  well  as  to 


1788.  LETTERS.  435 

amend  the  system;  it  would  consequently  give  greater  agitation 
to  the  public  mind;  an  election  into  it  would  be  courted  by  the 
most  violent  partizans  on  both  sides;  it  would  probably  consist 
of  the  most  heterogeneous  characters;  would  be  the  very  focus 
of  that  flame  which  lias  already  too  much  heated  men  of  all 
parties;  would  no  doubt  contain  individuals  of  insidious  views, 
who,  under  the  mask  of  seeking  alterations  popular  in  some 
parts  but  inadmissible  in  other  parts  of  the  Union,  might  have 
a  dangerous  opportunity  of  sapping  the  very  foundations  of  the 
fabric.  Under  all  these  circumstances,  it  seems  scarcely  to  be 
presumable  that  the  deliberations  of  the  body  could  be  con- 
ducted in  harmony,  or  terminate  in  the  general  good.  Having 
witnessed  the  difficulties  and  dangers  experienced  by  the  first 
Convention,  which  assembled  under  every  propitious  circum- 
stance, I  should  tremble  for  the  result  of  a  second,  meeting  in 
the  present  temper  of  America,  and  under  all  the  disadvantages 
I  have  mentioned.  4.  It  is  not  unworthy  of  consideration  that 
the  prospect  of  a  second  Convention  would  be  viewed  by  all 
Europe  as  a  dark  and  threatening  cloud  hanging  over  the  Con- 
stitution just  established,  and,  perhaps,  over  the  Union  itself; 
and  would  therefore  suspend,  at  least,  the  advantages  this  great 
event  has  promised  us  on  that  side.  It  is  a  well-known  fact 
that  this  event  has  filled  that  quarter  of  the  Globe  with  equal 
wonder  and  veneration;  that  its  influence  is  already  secretly  but 
powerfully  working  in  favor  of  liberty  in  France;  and  it  is  fairly 
to  be  inferred  that  the  final  event  there  may  be  materially  af- 
fected by  the  prospect  of  things  here.  We  are  not  sufficiently 
sensible  of  the  importance  of  the  example  which  this  Country 
may  give  to  the  World,  nor  sufficiently  attentive  to  the  advan- 
tages we  may  reap  from  the  late  reform,  if  we  avoid  bringing  it 
into  danger.  The  last  loan  in  Holland,  and  that  alone,  saved 
the  United  States  from  Bankruptcy  in  Europe;  and  that  loan 
was  obtained  from  a  belief  that  the  Constitution  then  depending 
would  be  certainly,  speedily,  quietly,  and  finally  established, 
and  by  that  means  put  America  into  a  permanent  capacity  to 
discharge  with  honor  and  punctuality  all  her  engagements. 


436  WORKS    OF    MADISON.  1788. 


TO   GENERAL  WASHINGTON. 

NEW  YORK,  November  5,  1788. 

DEAR  SIR, — The  enclosed  memorandum  was  put  into  my 
hands  by  Mr.  St.  John,  the  French  Consul.  He  is  a  very  wor- 
thy man,  and  entitled,  by  his  philanthropy  and  zealous  patron- 
age of  whatever  he  deems  useful,  to  much  esteem  and  regard. 
You  will  therefore  oblige  me  by  putting  it  in  my  power  to  af- 
ford him  the  little  gratification  he  asks.  I  have  another  request 
to  trouble  you  with,  which  concerns  myself.  Col.  H.  Lee  tells 
me  that  he  has  purchased  the  tract  of  land  through  which  the 
canal  at  the  great  falls  is  to  run,  and  on  which  the  basin  will 
be,  for  £4,000.  The  tract  contains  500  acres  only,  and  is  under 
the  incumbrance  of  a  rent  of  £150  sterling  per  annum;  but,  on 
the  other  hand,  derives  from  its  situation,  as  he  supposes,  a  cer- 
tain prospect  of  becoming  immensely  valuable.  He  paints  it, 
in  short,  as  the  seat  of  an  early  town,  the  lots  of  which  will  be 
immediately  productive,  and  possessing  other  peculiar  advan- 
tages which  make  the  bargain  inestimable.  In  addition  to  many 
instances  of  his  friendship,  he  tenders  me  a  part  in  it,  and  urges 
my  acceptance  on  grounds  of  advantage  to  myself  alone.  I  am 
thoroughly  persuaded  that  I  am  indebted  for  the  proposal  to 
the  most  disinterested  and  affectionate  motives;  but  knowing 
that  the  fervor  with  which  he  pursues  his  objects  sometimes 
affects  the  estimate  he  forms  of  them,  and  being  in  no  condition 
to  make  hazardous  experiments,  it  is  advisable  for  me  to  have 
the  sanction  of  other  judgments  to  his  opinions.  You  are  well 
acquainted  with  the  situation,  and  can  at  once  decide  whether 
it  presents  the  material  and  certain  advantages  on  which  Col. 
Lee  calculates.  A  general  intimation,  therefore,  of  the  light  in 
which  the  matter  strikes  you,  will  lay  me  under  a  very  particu- 
lar obligation.  I  am  by  no  means  sure  that  in  any  result  it 
will  be  in  my  power  to  profit  by  Col.  Lee's  friendship,  but  it 
may  be  of  some  consequence  whether  the  opportunity  be  worth 
attending  to  or  not. 

My  information  from  Richmond  is  very  unpropitious  to  fede- 
ral policy.  Yours  is  no  doubt  more  full  and  more  recent.  A 


1788.  LETTERS.  437 

decided  and  malignant  majority  may  do  many  things  of  a  dis- 
agreeable nature,  but  I  trust  the  Constitution  is  too  firmly  es- 
tablished to  be  now  materially  vulnerable.  The  elections  for 
the  Legislature  of  Pennsylvania,  New  Jersey,  and  Maryland, 
ensure  measures  of  a  contrary  complexion  in  those  States.  In- 
deed, Virginia  is  the  only  instance  among  the  ratifying  States 
in  which  the  politics  of  the  Legislature  are  at  variance  with  the 
sense  of  the  people,  expressed  by  their  Representatives  in  Con- 
vention. We  hear  nothing  from  Massachusetts  or  New  Hamp- 
shire since  the  meeting  of  their  general  Courts.  It  is  under- 
stood that  both  the  appointments  and  arrangements  for  the 
Government  will  be  calculated  to  support  and,  as  far  as  possi- 
ble, to  dignify  it.  The  public  conversation  seems  to  be  not  yet 
settled  on  the  Vice  President.  Mr.  Hancock  and  Mr,  Adams 
have  been  most  talked  of.  The  former,  it  is  said,  rejects  the 
idea  of  any  secondary  station;  and  the  latter  does  not  unite  the 
suffrages  of  his  own  State,  and  is  unpopular  in  many  other 
places.  As  other  candidates,  however,  are  not  likely  to  present 
themselves,  and  New  England  will  be  considered  as  having 
strong  pretensions,  it  seems  not  improbable  that  the  question 
will  lie  between  the  gentlemen  above  named.  Mr.  Jay  and 
General  Knox  have  been  mentioned,  but  it  is  supposed  that 
neither  of  them  will  exchange  his  present  situation  for  an  un- 
profitable dignity. 

I  shall  leave  this  in  a  day  or  two,  and  am  not  yet  finally  de- 
termined how  far  my  journey  may  be  continued  Southward.  A 
few  lines  on  the  subject  above  mentioned  will  either  find  me  in 
Philadelphia,  or  be  there  taken  care  of  for  me.  Should  any- 
thing occur  here  or  elsewhere  worth  your  attention,  it  shall  be 
duly  communicated  by, 

Dear  Sir,  your  very  respectful  and  affect8  serv*. 


438  WORKS    OF    MADISON.  1788. 

TO   EDMUND   RANDOLPH. 

PHILADELPHIA,  Novr  23d,  1788. 

MY  DEAR  FRIEND, — Your  two  favors  of  the  5th  and  10th  in- 
stant have  been  duly  received.  The  appointments  for  the  Sen- 
ate, communicated  in  the  latter,  answer  to  the  calculations  I 
had  formed,  notwithstanding  the  contrary  appearances  on  which 
the  former  was  founded.  My  only  surprise  is,  that  in  the  pres- 
ent temper  and  disproportionate  number  of  the  anti-federal  part 
of  the  Assembly,  my  name  should  have  been  honored  with  so 
great  a  vote  as  it  received.  When  this  circumstance  is  com- 
bined with  that  of  the  characters  which  I  have  reason  to  believe 
concurred  in  it,  I  should  be  justly  chargeable  with  a  very  mis- 
taken ambition  if  I  did  not  consider  the  event  in  the  light  which 
you  anticipated.  I  shall  not  be  surprised  if  the  attempt  should 
be  equally  successful  to  shut  the  door  of  the  other  House  against 
me,  which  was  the  real  object  of  my  preference,  as  well  for  the 
reason  formerly  suggested  to  you,  as  for  the  additional  one  that 
it  will  less  require  a  stile  of  life  with  which  my  circumstances 
do  not  square,  and  for  which  an  inadequate  provision  only  will 
probably  be  made  by  the  public.  Being  not  yet  acquainted 
with  the  allotment  of  Orange  in  the  districts,  I  can  form  no  es- 
timate of  the  reception  that  will  be  given  to  an  offer  of  my  ser- 
vices. The  district  in  which  I  am  told  it  is  likely  to  be  thrown, 
for  the  choice  of  an  Elector,  is  a  very  monitory  sample  of  what 
may  and  probably  will  be  done  in  that  way. 

My  present  situation  embarrasses  me  somewhat.  When  I 
left  New  York,  I  not  only  expected  that  the  choice  for  the 
Senate  would  be  as  it  is,  but  was  apprehensive  that  the  spirit 
of  party  might  chuse  to  add  the  supposed  mortification  of  drop- 
ping my  name  from  the  deputation  to  Congress  for  the  fraction 
of  a  year  remaining.  I  accordingly  left  that  place  under  ar- 
rangements which  did  not  require  my  return.  At  the  same 
time,  I  had  it  in  view,  if  left  entirely  to  my  option,  to  pass  the 
winter  or  part  of  it  there,  being  desirous  of  employing  some 
of  the  time  in  matters  which  need  access  to  the  papers  of  Con- 
gress, and  supposing,  moreover,  that  I  should  be  there  master 


1788.  LETTERS.  439 

more  of  my  time  than  in  Virginia.  The  opportunity  of  execu- 
ting my  plan  is  given  me,  I  find,  by  one  of  the  votes  of  the  As- 
sembly. On  the  other  hand,  I  am  now  pressed  by  some  of  my 
friends  to  repair  to  Virginia,  as  a  requisite  expedient  for  coun- 
teracting the  machinations  against  my  election  into  the  House 
of  Representatives.  To  this,  again,  I  am  extremely  disinclined, 
for  reasons  additional  to  the  one  above  mentioned.  It  will 
have  an  electioneering  appearance,,  which  I  always  despised  and 
wish  to  shun.  And  as  I  should  shew  myself  in  Orange  only, 
where  there  will  probably  be  little  difficulty,  my  presence  could 
have  no  very  favorable  effect;  whilst  it  is  very  possible  that 
such  a  mark  of  solicitude,  strengthened  by  my  not  declining  a 
reappointment  to  Congress,  and  now  declining  to  serve  in  it, 
might,  by  a  dexterous  misinterpretation,  be  made  to  operate  on 
the  other  side.  These  considerations  are  strong  inducements 
to  join  my  colleagues  at  New  York,  and  leave  things  to  their 
own  course  in  Virginia.  If  Orange  should  fall  into  a  federal 
district,  it  is  probable  I  shall  not  be  opposed;  if  otherwise,  a 
successful  opposition  seems  unavoidable.  My  decision,  how- 
ever, is  not  finally  taken. 


TO  GENL  WASHINGTON. 

PHILADELPHIA,  Dec.  2,  1788. 

DEAR  SIR, — The  information  conveyed  in  your  favor  of  the 
17  ult°  lays  me  under  great  obligations.  It  was  by  no  means 
my  wish  to  have  imposed  the  task  of  so  full  and  particular  a 
view  of  the  subject.  The  general  result  in  your  own  mind  was 
all  that  I  had  in  contemplation. 

One  of  the  papers  herewith  enclosed  will  shew  you  the  state 
of  the  election  for  the  Senate  in  Massachusetts.  It  was  under- 
stood here  that  Mr.  Bowdoin  was  appointed,  and  I  have  trans- 
mitted the  error  to  some  of  my  correspondents.  New  Hamp- 
shire has  made  choice  of  President  Langdon  and  Judge  Bart- 
lett.  New  Jersey,  of  Mr.  Patterson  and  Doctr  Elmer.  Dela- 
ware, of  Mr.  Reed  and  Mr.  Bassett.  South  Carolina  has  post- 


440  WORKS    OF    MADISON.  1788. 

poned  her  choice  till  January.  Mr.  Izard,  Mr.  J.  Rutledge, 
Mr.  Butler,  and  Mr.  C.  Pinckney,  are  the  subjects  of  conversa- 
tion. Pennsylvania  alone  has  arrived  at  'the  election  for  the 
other  branch.  The  entire  result  is  not  yet  known;  but  a  suf- 
ficient number  of  the  Counties  have  been  heard  from  to  warrant 
a  confidence  that  7  out  of  the  8,  and  a  probability  that  the  whole 
eight,  will  be  found  in  the  federal  ticket.  This  prospect  is,  on 
the  whole,  auspicious;  and  shews  the  folly  of  Virginia,  if  the 
measures  of  the  Legislature  are  to  be  taken  for  the  sense  of  the 
State,  in  urging  another  Convention  at  this  time.  The  real 
friends  to  the  object  professed  by  the  leaders  at  Richmond 
ought  to  see  that  the  only  hope  of  obtaining  alterations  lies 
in  not  aiming  at  too  many,  and  in  being  conciliatory  as  to  the 
mode. 

I  came  to  this  city  with  a  view  either  to  return  to  New  York 
or  proceed  to  Virginia,  as  circumstances  might  require.  I  was 
not  sure  that  the  spirit  of  party  might  not  take  pleasure  in  su- 
perseding the  opportunity  of  remaining  longer  in  New  York. 
That,  I  find,  has  not  been  the  case;  and  a  task  which  I  had  as- 
signed myself  for  the  winter,  or  rather  a  part  of  it,  would  be 
favored  by  a  situation  in  which  I  could  have  access  to  the 
papers  of  Congress.  On  this  account,  a  return  to  New  York 
for  the  ensuing  fraction  of  a  year  would  not  be  inconvenient. 
But  I  am  pressed  much  in  several  quarters  to  try  the  effect  of 
presence  on  the  district  into  which  I  fall  for  electing  a  Repre- 
sentative, and  am  apprehensive  that  an  omission  of  that  expe- 
dient may  eventually  expose  me  to  blame.  At  the  same  time, 
I  have  an  extreme  distaste  to  steps  having  an  electioneering 
appearance,  altho'  they  should  lead  to  an  appointment  in  which 
I  am  disposed  to  serve  the  public;  and  am  very  dubious,  more- 
over, whether  any  step  which  might  seem  to  denote  a  solicitude 
on  my  part  would  not  be  as  likely  to  operate  against  as  in  favor 
of  my  pretensions.  In  this  situation  I  am  not  clearly  and  finally 
decided  as  to  the  part  which  ought  to  be  taken.  When  I  see 
the  Counties  with  which  Orange  is  associated,  I  shall,  perhaps, 
be  more  able  to  form  some  estimates  which  should  influence  my 
determination.  This  information  I  hourly  expect,  and  in  case 


1788.  LETTERS.  441 

it  should  induce  me  to  continue  my  course  to  Virginia,  I  shall 
leave  this  immediately,  or  at  least  as  soon  as  I  can  bear  the 
journey.  I  have  for  some  time  past  been  much  indisposed  with 
the  piles.  They  have  not  yet  entirely  gone  off,  and  may  pos- 
sibly detain  me  some  days  longer  than  the  season  would  other- 
wise admit. 

With  every  sentiment  of  esteem  and  affection,  I  am,  Dr  Sir, 
your  mo.  obed.  hble  servant. 


TO  THOMAS  JEFFERSON. 

PHILADELPHIA,  Dec'  8, 1788. 

DEAR  SIR, — This  will  be  handed  to  you  by  Mr.  Gouverneur 
Morris,  who  will  embark  in  a  few  days  for  Havre,  from  whence 
he  will  proceed  immediately  to  Paris.  He  is  already  well 
known  to  you  by  character;  and  as  far  as  there  may  be  a  defect 
of  personal  acquaintance  I  beg  leave  to  supply  it  by  this  intro- 
duction. 

My  two  last  were  of  October  8  and  17th.  They  furnished  a 
state  of  our  affairs  as  they  then  stood.  I  shall  here  add  the 
particulars  of  most  consequence  which  have  since  taken  place; 
remembering,  however,  that  many  details  will  be  most  conve- 
niently gathered  from  the  conversation  of  Mr.  Morris,  who  is 
thoroughly  possessed  of  American  transactions. 

Notwithstanding  the  formidable  opposition  made  to  the  new 
federal  Government,  first,  in  order  to  prevent  its  adoption,  and 
since,  in  order  to  place  its  administration  in  the  hands  of  dis- 
affected men,  there  is  now  both  a  certainty  of  its  peaceable 
commencement  in  March  next,  and  a  flattering  prospect  that  it 
will  be  administered  by  men  who  will  give  it  a  fair  trial.  Gen- 
eral Washington  will  certainly  be  called  to  the  Executive  de- 
partment. Mr.  Adams,  who  is  pledged  to  support  him,  will 
probably  be  the  vice  President.  The  enemies  to  the  Govern- 
ment, at  the  head  and  the  most  inveterate  of  whom  is  Mr. 


442  WORKS    OF    MADISON.  1788. 

Henry,  are  laying  a  train  for  the  election  of  Governor  Clinton, 
but  it  cannot  succeed  unless  the  federal  votes  be  more  dispersed 
than  can  well  happen.  Of  the  seven  States  which  have  ap- 
pointed their  Senators,  Virginia  alone  will  have  anti-federal 
members  in  that  branch.  Those  of  New  Hampshire  are  Presi- 
dent Langdon  and  Judge  Bartlett;  of  Massachusetts,  Mr.  Strong 
and  Mr.  Dalton;  of  Connecticut,  Doctor  Johnson  and  Mr.  Ells- 
worth; of  New  Jersey,  Mr.  Patterson  and  Mr.  Elmer;  of  Penn- 
sylvania, Mr.  R.  Morris  and  Mr.  McClay;  of  Delaware,  Mr. 
Geo.  Reed  and  Mr.  Bassett;  of  Virginia,  Mr.  R.  H.  Lee  and 
Col.  Grayson.  Here  is  already  a  majority  of  the  ratifying 
States  on  the  side  of  the  Constitution.  And  it  is  not  doubted 
that  it  will  be  reinforced  by  the  appointments  of  Maryland, 
South  Carolina,  and  Georgia.  As  one  branch  of  the  Legisla- 
ture of  New  York  is  attached  to  the  Constitution,  it  is  not  im- 
probable that  one  of  the  Senators  from  that  State  also  will  be 
added  to  the  majority. 

In  the  House  of  Representatives  the  proportion  of  anti-fed- 
eral members  will  of  course  be  greater,  but  cannot,  if  present 
appearances  are  to  be  trusted,  amount  to  a  majority,  or  even  a 
very  formidable  minority.  The  election  for  this  branch  has 
taken  place,  as  yet,  no  where  except  in  Pennsylvania,  and  here 
the  returns  are  not  yet  come  in  from  all  the  Counties.  It  is 
certain,  however,  that  seven  out  of  the  eight,  and  probable  that 
the  whole  eight,  representatives  will  bear  the  federal  stamp. 
Even  in  Virginia,  where  the  enemies  to  the  Government  form 
|  of  the  legislature,  it  is  computed  that  more  than  half  the  num- 
ber of  Representatives,  who  will  be  elected  by  the  people,  formed 
into  districts  for  the  purpose,  will  be  of  the  same  stamp.  By 
some,  it  is  computed  that  seven  out  of  the  ten  allotted  to  that 
State  will  be  opposed  to  the  politics  of  the  present  Legislature. 

The  questions  which  divide  the  public  at  present  relate — 1. 
To  the  extent  of  the  amendments  that  ought  to  be  made  to  the 
Constitution.  2.  To  the  mode  in  which  they  ought  to  be  made. 
The  friends  of  the  Constitution,  some  from  an  approbation  of 
particular  amendments,  others  from  a  spirit  of  conciliation,  are 
generally  agreed  that  the  system  should  be  revised.  But  they 


1788.  LETTERS.  443 

wish  the  revisal  to  be  carried  no  farther  than  to  supply  additional 
guards  for  liberty,  without  abridging  the  sum  of  power  transfer- 
red from  the  States  to  the  general  Government,  or  altering  pre- 
vious to  trial  the  particular  structure  of  the  latter,  and  are  fixed 
in  opposition  to  the  risk  of  another  Convention,  whilst  the  pur- 
pose can  be  as  well  answered  by  the  other  mode  provided  for  in- 
troducing amendments.  Those  who  have  opposed  the  Constitu- 
tion are,  on  the  other  hand,  zealous  for  a  second  Convention  and 
for  a  revisal,  which  may  either  not  be  restrained  at  all,  or  extend 
at  least  as  far  as  alterations  have  been  proposed  by  any  State. 
Some  of  this  class  are,  no  doubt,  friends  to  an  effective  Govern- 
ment, and  even  to  the  substance  of  the  particular  Government 
in  question.  It  is  equally  certain  that  there  are  others  who 
urge  a  second  Convention  with  the  insidious  hope  of  throwing 
all  things  into  confusion,  and  of  subverting  the  fabric  just  estab- 
lished, if  not  the  Union  itself.  If  the  first  Congress  embrace 
the  policy  which  circumstances  mark  out,  they  will  not  fail  to 
propose,  of  themselves,  every  desirable  safeguard  for  popular 
rights;  and  by  thus  separating  the  well-meaning  from  the  de- 
signing opponents,  fix  on  the  latter  their  true  character,  and 

give  to  the  Government  its  due  popularity  and  stability. 
*#•#•##** 

I  am  a  stranger  to  the  errand  on  which  G.  Morris  goes  to 
Europe.  It  relates,  I  presume,  to  the  affairs  of  R.  Morris,  which 
are  still  much  deranged. 

I  have  received  and  paid  the  draught  in  favor  of  Doct.  Ram- 
say. I  had  before  paid  the  order  in  favor  of  Mr.  Thompson, 
immediately  on  the  receipt  of  your  letter.  About  220  dollars 
of  the  balance  due  on  the  last  state  of  our  account  were  left  in 
Virginia  for  the  use  of  your  nephew.  There  are  a  few  lesser 
sums  which  stand  on  my  side  of  the  account  which  I  shall  take 
credit  for,  when  you  can  find  leisure  to  forward  another  state- 
ment of  your  friendly  advances  for  me. 

I  shall  leave  this  place  in  a  day  or  two  for  Virginia,  where 
my  friends,  who  wish  me  to  co-operate  in  putting  our  political 
machine  into  activity  as  a  member  of  the  house  of  Representa- 
tives, press  me  to  attend.  They  made  me  a  candidate  for  the 


444  WORKS    OF    MADISON.  1788. 

Senate,  for  which  I  had  not  allotted  my  pretensions.  The  at- 
tempt was  defeated  by  Mr.  Henry,  who  is  omnipotent  in  the 
present  Legislature,  and  who  added  to  the  expedients  common 
on  such  occasions  a  public  philippic  against  my  federal  princi- 
ples. He  has  taken  equal  pains  in  forming  the  Counties  into 
Districts,  for  the  election  of  Representatives,  to  associate  with 
Orange  such  as  are  most  devoted  to  his  politics,  and  most  likely 
to  be  swayed  by  the  prejudices  excited  against  me.  From  the 
best  information  I  have  of  the  prevailing  temper  of  the  District, 
I  conclude  that  my  going  to  Virginia  will  answer  no  other  pur- 
pose than  to  satisfy  the  opinions  and  entreaties  of  my  friends. 
The  trip  is  in  itself  very  disagreeable,  both  on  account  of  its 
electioneering  appearance  and  the  sacrifice  of  the  winter,  for 
which  I  had  assigned  a  task  which  the  intermission  of  Congres- 
sional business  would  have  made  convenient  at  New  York. 

With  the  sincerest  affection  and  the  highest  esteem,  I  am, 
dear  sir,  yours. 


TO  PHILIP  MAZZEI,  ESQ. 

PHILADELPHIA,  10  December,  1788. 

Your  book,  as  I  prophesied,  sells  nowhere  but  in  Virginia. 
A  very  few  copies  only  have  been  called  for  either  in  New  York 
or  in  this  city.  The  language  in  which  it  is  written  will  ac- 
count for  it.  In  order  to  attract  notice,  I  translated  the  pane- 
gyric in  the  French  Mercure,  and  had  it  made  part  of  the  ad- 
vertisement. I  did  not  translate  the  comment  on  the  Federal 
Constitution,  as  you  wished,  because  I  could  not  spare  the  time, 
as  well  as  because  I  did  not  approve  the  tendency  of  it.  Some 
of  your  remarks  prove  that  Horace's  "  Ccelum  non  animum  mu- 
tant qui  trans  mare  currunt"  does  not  hold  without  exception. 
In  Europe,  the  abuses  of  power  continually  before  your  eyes 
have  given  a  bias  to  your  political  reflections  which  you  did 
not  feel  in  equal  degree  when  you  left  America,  and  which  you 
would  feel  less  of  if  you  had  remained  in  America.  Philoso- 


1788.  LETTERS.  445 

phers  on  the  old  continent,  in  their  zeal  against  tyranny,  would 
rush  into  anarchy;  as  the  horrors  of  superstition  drive  them 
into  Atheism.  Here,  perhaps,  the  inconveniences  of  relaxed 
government  have  reconciled  too  many  to  the  opposite  extreme. 
If  your  plan  of  a  single  Legislature,  as  in  Pennsylvania,  <fcc., 
were  adopted,  I  sincerely  believe  that  it  would  prove  the  most 
deadly  blow  ever  given  to  Republicanism.  Were  I  an  enemy 
to  that  form,  I  would  preach  the  very  doctrines  which  are 
preached  by  the  enemies  to  the  government  proposed  for  the 
United  States.  Many  of  our  best  citizens  are  disgusted  with 
the  injustice,  instability,  and  folly,  which  characterize  the  Amer- 
ican Administrations.  The  number  has  for  some  time  been  rap- 
idly increasing.  Were  the  evils  to  be  much  longer  protracted, 
the  disgust  would  seize  citizens  of  every  description. 

It  is  of  infinite  importance  to  the  cause  of  liberty  to  ascertain 
the  degree  of  it  which  will  consist  with  the  purposes  of  society. 
An  error  on  one  side  may  be  as  fatal  as  on  the  other.  Hitherto, 
the  error  in  the  United  States  has  lain  in  the  excess. 

All  the  States  except  North  Carolina  and  Rhode  Island  have 
ratified  the  proposed  Constitution.  Seven  of  them  have  ap-j, 
pointed  their  Senators,  of  whom  those  of  Virginia,  R.  H.  Lee 
and  Col.  Grayson,  alone  are  among  the  opponents  of  the  system. 
The  appointments  of  Maryland,  South  Carolina,  and  Georgia, 
will  pretty  certainly  be  of  the  same  stamp  with  the  majority. 
The  House  of  Representatives  is  yet  to  be  chosen  everywhere 
except  in  Pennsylvania.  From  the  partial  returns  received, 
the  election  will  wear  a  federal  aspect,  unless  the  event  in  one 
or  two  particular  counties  should  contradict  every  calculation. 
If  the  eight  members  from  this  State  be  on  the  side  of  the  Con- 
stitution, it  will  in  a  manner  secure  the  majority  in  that  branch 
of  the  Congress  also.  The  object  of  the  Anti-Federalists  is  to 
bring  about  another  general  Convention,  which  would  either 
agree  on  nothing,  as  would  be  agreeable  to  some,  and  throw 
everything  into  confusion,  or  expunge  from  the  Constitution 
parts  which  are  held  by  its  friends  to  be  essential  to  it.  The 
latter  party  are  willing  to  gratify  their  opponents  with  every 


446  WORKS    OF    MADISON.  1788. 

supplemental  provision  for  general  rights,  but  insist  that  this 
can  be  better  done  in  the  mode  provided  for  amendments. 
I  remain,  with  great  sincerity,  your  friend  and  servant. 


TO  THOMAS  JEFFERSON. 

PHILADELPHIA,  Dec'  12th,  1788. 

DEAR  SIR, — The  inclosed  letter  has  been  just  sent  me  by  Miss 
Blttenhouse,  and  I  avail  myself  of  the  delay  of  Mr.  Morris  to 
give  it  a  conveyance.  Since  mine  already  in  the  hands  of  Mr. 
Morris,  further  returns  have  been  received  from  the  Western 
Counties  of  this  State,  which,  though  not  the  entire  residue, 
reduce  the  final  result  to  certainty.  There  will  be  seven  rep- 
resentatives of  the  federal  party,  and  one  a  moderate  anti-fede- 
ralist. I  consider  this  choice  as  ensuring  a  majority  of  friends 
to  the  federal  Constitution  in  both  branches  of  the  Congress; 
as  securing  the  Constitution  against  the  hazardous  experiment 
of  a  second  Convention;  and,  if  prudence  should  be  the  charac- 
ter of  the  first  Congress,  as  leading  to  measures  which  will  con- 
ciliate the  well  meaning  of  all  parties,  and  put  our  affairs  into 
an  auspicious  train. 

I  am  charged  by  a  Monsieur  St.  Trise,  who  is  here,  with  his 
compliments  to  you.  He  is  an  officer  in  the  French  Cavalry, 
and  appears  to  be  an  agreeable,  worthy  man. 

With  every  sentiment  of  esteem  and  attachment,  I  am,  dear 
sir,  your  friend  and  servt. 


TO   GEORGE  EVE. 

January  2d,  1789. 

SIR, — Being  informed  that  reports  prevail  not  only  that  I  am 
opposed  to  any  amendments  whatever  to  the  new  federal  Con- 


1789.  LETTERS.  447 

stitution,  but  that  I  have  ceased  to  be  a  friend  to  the  rights  of 
conscience;  and  inferring  from  a  conversation  with  my  brother 
William  that  you  are  disposed  to  contradict  such  reports,  as 
far  as  your  knowledge  of  my  sentiments  may  justify,  I  am  led 
to  trouble  you  with  this  communication  of  them.  As  a  private 
citizen,  it  could  not  be  my  wish  that  erroneous  opinions  should 
be  entertained  with  respect  to  either  of  those  points,  particu- 
larly with  respect  to  religious  liberty.  But  having  been  in- 
duced to  offer  my  services  to  this  district  as  its  representative 
in  the  federal  Legislature,  considerations  of  a  public  nature 
make  it  proper  that,  with  respect  to  both,  my  principles  and 
views  should  be  rightly  understood. 

I  freely  own  that  I  have  never  seen  in  the  Constitution,  as  it 
now  stands,  those  serious  dangers  which  have  alarmed  many 
respectable  Citizens.  Accordingly,  whilst  it  remained  unrati- 
fied,  and  it  was  necessary  to  unite  the  States  in  some  one  plan, 
I  opposed  all  previous  alterations  as  calculated  to  throw  the 
States  into  dangerous  contentions,  and  to  furnish  the  secret  ene- 
mies of  the  Union  with  an  opportunity  of  promoting  its  disso- 
lution. Circumstances  are  now  changed.  The  Constitution  is 
established  on  the  ratifications  of  eleven  States  and  a  very  great 
majority  of  the  people  of  America;  and  amendments,  if  pursued 
with  a  proper  moderation  and  in  a  proper  mode,  will  be  not 
only  safe,  but  may  serve  the  double  purpose  of  satisfying  the 
minds  of  well  meaning  opponents,  and  of  providing  additional 
guards  in  favour  of  liberty.  Under  this  change  of  circumstances, 
it  is  my  sincere  opinion  that  the  Constitution  ought  to  be  re- 
vised, and  that  the  first  Congress  meeting  under  it  ought  to 
prepare  and  recommend  to  the  States  for  ratification  the  most 
satisfactory  provisions  for  all  essential  rights,  particularly  the 
rights  of  conscience  in  the  fullest  latitude,  the  freedom  of  the 
press,  trials  by  jury,  security  against  general  warrants,  &c.  I 
think  it  will  be  proper,  also,  to  provide  expressly  in  the  Con- 
stitution for  the  periodical  increase  of  the  number  of  Repre- 
sentatives, until  the  amount  shall  be  entirely  satisfactory,  and 
to  put  the  judiciary  department  into  such  a  form  as  will  render 
vexatious  appeals  impossible.  There  are  sundry  other  altera- 


448  WORKS    OP    MADISON.  1789. 

tions  which  are  either  eligible  in  themselves,  or,  being  at  least 
safe,  are  recommended  by  the  respect  due  to  such  as  wish  for 
them. 

I  have  intimated  that  the  amendments  ought  to  be  proposed 
by  the  first  Congress.  I  prefer  this  mode  to  that  of  a  General 
Convention — 1st.  Because  it  is  the  most  expeditious  mode.  A 
Convention  must  be  delayed  until  two-thirds  of  the  State  Legis- 
latures shall  have  applied  for  one,  and  afterwards  the  amend- 
ments must  be  submitted  to  the  States;  whereas  if  the  business 
be  undertaken  by  Congress,  the  amendments  may  be  prepared 
and  submitted  in  March  next.  2dly.  Because  it  is  the  most  cer- 
tain mode.'  There  are  not  a  few  States  who  will  absolutely  re- 
ject the  proposal  of  a  Convention,  and  yet  not  be  averse  to 
amendments  in  the  other  mode.  Lastly.  It  is  the  safest  mode. 
The  Congress,  who  will  be  appointed  to  execute  as  well  as  to 
amend  the  Government,  will  probably  be  careful  not  to  destroy 
or  endanger  it.  A  Convention,  on  the  other  hand,  meeting  in 
the  present  ferment  of  parties,  and  containing,  perhaps,  insid- 
ious characters  from  different  parts  of  America,  would  at  least 
spread  a  general  alarm,  and  be  but  too  likely  to  turn  every- 
thing into  confusion  and  uncertainty.  It  is  to  be  observed, 
however,  that  the  question  concerning  a  General  Convention 
will  not  belong  to  the  federal  Legislature.  If  two-thirds  of  the 
States  apply  for  one,  Congress  cannot  refuse  to  call  it;  if  not, 
the  other  mode  of  amendments  must  be  pursued. 


TO   GENERAL  WASHINGTON. 

ORANGE,  Janr  14,  1789. 

DEAR  SIR, — Your  favor  of  the  2d  instant,  with  the  letters  at- 
tending it,  never  came  to  hand  'til  last  evening.  I  have  good 
reason  to  believe  that  the  delay  happened  between  Alexandria 
and  Fredericksburg,  rather  than  at  or  from  the  latter  place. 
Mr.  F.  Maury  pays  particular  attention  to  all  letters  which  arrive 
there  for  me,  and  forwards  them  to  Orange  by  opportunities 
which  are  frequent  and  safe.  I  apprehend  there  will  be  no  im- 


1789.  LETTERS.  449 

propriety  in  committing  a  confidential  letter  to  that  channel. 
As  an  additional  precaution,  I  will  desire  him  to  be  particularly 
attentive  to  any  letter  which  may  have  your  name  on  it. 

I  have  heard  from  two  only  of  the  'returns  from  the  Electo- 
ral districts;*  the  one  in  favor  of  Mr.  Gilchrist,  the  other  of 
General  Stevens.  He  succeeded  against  Col.  Cabell  by  a  ma- 
jority of  82  votes.f  He  owes  his  success  to  the  coalition  be- 
tween the  two  parties  in  Spottsylvania.  My  situation  is  unfa- 
vorable for  intelligence  from  the  State  at  large,  and  therefore 
I  can  say  little  of  the  prospects  as  to  the  February  election. 

I  fear,  from  the  vague  accounts  which  circulate,  that  the  fed- 
eral Candidates  are  likely  to  stand  in  the  way  of  each  other. 
This  is  not  the  case,  however,  in  my  district.  The  field  is  left 
entirely  to  Monroe  and  myself.  The  event  of  our  competition 
will  probably  depend  on  the  part  to  be  taken  by  two  or  three 
descriptions  of  people,  whose  decision  is  not  known,  if  not  yet 
to  be  ultimately  formed.  I  have  pursued  my  pretensions  much 
further  than  I  had  premeditated,  having  not  only  made  great 
use  of  epistolary  means,  but  actually  visited  two  Counties,  Cul- 
peper  and  Louisa,  and  publicly  contradicted  the  erroneous  re- 
ports propagated  against  me.  It  has  been  very  industriously 
inculcated  that  I  am  dogmatically  attached  to  the  Constitution 

*  For  choosing  electors  of  President  and  Vice  President. 


t  Stevens. 

CdbeU. 

109 

71  Albemarle. 

270  Amherst. 

15 

66  Fluvanna. 

268 

10  Spottsylvania. 

113 

4  Orange. 

177 

26  Culpeper. 

4 

157  Buckingham. 

686  604 

82  bal.  in  favor  of  Stevens. 

The  unanimity  in  Amherst  was  produced  by  a  previous  declaration,  as  I  am 
told,  of  Col.  Cabell,  on  the  subject  of  the  president,  which  satisfied  the  Federal 
party.  Little  attention  seems  to  have  been  paid  anywhere  to  the  Vice  President. 
Among  the  bulk  of  the  people,  the  choice  of  the  President  has  been  regarded  as 
the  sole  subject  of  the  election. 

VOL.  i.  29 


450  WORKS    OF    MADISON.  1789. 

in  every  clause,  syllable,  and  letter,  and  therefore  not  a  single 
amendment  will  be  promoted  by  my  vote,  either  from  convic- 
tion or  a  spirit  of  accommodation.  This  is  the  report  most 
likely  to  affect  the  election,  and  most  difficult  to  be  combated 
with  success  within  the  limited  period.  There  are  a  number 
of  others,  however,  which  are  auxiliaries  to  it.  With  my  re- 
spectful compliments  to  Mrs.  Washington,  and  the  others  of 
your  family, 

I  remain,  Dear  Sir,  your  mo.  obed*  and  affect.  Serv*. 


TO  EDMUND   RANDOLPH. 

ALEXANDRIA,  March  1st,  1789. 

MY  DEAR  FRIEND, — This  is  the  first  convenient  opportunity 
I  have  had  for  dropping  you  a  line  since  I  last  came  into  the 
State.  Your  sanction  to  my  remaining  in  New  York  during 
the  crisis  of  the  elections,  conveyed  through  Col.  Carrington, 
never  came  to  hand  till  I  had  arrived  in  Orange.  It  coincided 
BO  fully  with  my  inclination,  and,  indeed,  with  my  judgment,  that 
had  it  been  received  in  due  time,  I  do  not  know  but  I  should 
have  disregarded  all  the  pressing  exhortations  which  stood  op- 
posed to  your  opinion.  I  am  persuaded,  however,  that  my  ap- 
pearance in  the  district  was  more  necessary  to  my  election  than 
you  then  calculated.  In  truth,  it  has  been  evinced  by  the  ex- 
periment that  my  absence  would  have  left  a  room  for  the  cal- 
umnies of  anti-federal  partizans,  which  would  have  defeated 
much  better  pretensions  than  mine.  In  Culpeper,  which  was 
the  critical  County,  a  continued  attention  was  necessary  to  re- 
pel the  multiplied  falsehoods  which  circulated.  Whether  I 
ought  to  be  satisfied  or  displeased  with  my  success,  I  shall  here- 
after be  more  able  to  judge.  My  present  anticipations  are  not 
flattering.  I  see  on  the  lists  of  Representatives  a  very  scanty 
proportion  who  will  share  in  the  drudgery  of  business.  And  I 
foresee  contentions,  first  between  federal  and  anti-federal  par- 
ties, and  then  between  Northern  and  Southern  parties,  which 


1789.  LETTERS.  451 

give  additional  disagreeableness  to  the  prospect.  Should  the 
State  Elections  give  an  anti-federal  colour  to  the  Legislatures, 
which,  from  causes  not  anti-federal  in  the  people,  may  well  hap- 
pen, difficulties  will  again  start  up  in  this  quarter,  which  may 
have  a  still  more  serious  aspect  on  the  Congressional  proceed- 
ings. 

In  my  last,  or  one  of  my  last  letters,  was  enclosed  a  quere 
from  Mr.  St.  John,  the  French  Consul  at  New  York,  relating 
to  the  law  here  which  regulates  the  recording  of  deeds,  &c.  As 
I  shall  on  my  return  be  applied  to  for  an  answer,  I  will  thank 
you  for  the  proper  one  as  soon  as  your  leisure  will  allow. 

I  shall  go  on  from  this  to-morrow.  On  my  arrival  I  shall 
attend  as  far  as  I  can  to  whatever  may  deserve  your  perusal. 
Besides  the  private  satisfaction  which  I  shall  have  in  the  con- 
tinuance of  our  correspondence,  I  promise  myself  the  benefit  of 
your  suggestions  on  public  subjects. 

Present  me  respectfully  to  Mrs.  R.,  and  rely  on  the  affection 
with  which  I  remain,  yours  truly. 


As  your  neighborhood  gives  you  frequent  interviews  with  the 
President  of  William  and  Mary,  remind  him  of  my  best  regards 
to  him. 


TO  GENERAL  WASHINGTON. 

BALTIMORE,  March  5th,  1789. 

DEAR  SIR, — On  our  Journey  hither,  we  have  fallen  in  with 
the  bearer  of  the  Electoral  votes  of  Georgia.  They  are  unani- 
mous as  to  the  President,  and  are  all  thrown  away  on  Individ- 
uals of  the  State  as  to  the  Vice  president.  The  Representatives 
were  not  chosen  when  the  gentleman  set  out,  but  the  election 
was  to  take  place  in  a  day  or  two  after.  General  Matthews, 
he  tells  us,  will  be  one,  Mr.  Baldwin  another,  and  the  third 
either  Mr.  Osborne  or  Gen1  Jackson.  All  the  candidates,  I 
understand,  are  well  affected  to  the  Constitution.  In  South 


452  WORKS    OF    MADISON.  1739. 

Carolina  the  votes  for  President  were  also  unanimous,  as  the 
gentleman  informs  us.  Of  the  others,  5  were  given  to  Mr.  Rut- 
ledge,  and  the  remaining  two  to  Mr.  Adams. 

The  badness  of  the  roads  and  the  weather  prevented  our  get- 
ting to  this  place  sooner  than  last  evening,  by  which  means  we 
lose  two  days.  R.  H.  Lee  left  this  on  his  way  to  New  York 
on  Monday  morning.  Mr.  White  had  preceded  him  a  day  or 
two. 

With  the  highest  respect  and  mo.  affect,  attachment,  I  am, 
Dr  Sir,  Yrs. 


TO   GENERAL   WASHINGTON. 

PHILADELPHIA,  March  8,  1789. 

DEAR  SIR, — We  arrived  here  yesterday  evening,  where  we 
have  met  with  Mr.  Dawson,  just  from  New  York.  When  he 
left  it,  eighteen  representatives  and  eight  senators  had  assem- 
bled. It  is  not  certain  when  the  deficiencies  will  be  made  up. 
The  most  favorable  conjectures  postpone  it  to  Monday  se'nnight. 
The  members  attending  are  chiefly  from  the  Eastward.  I  do  not 
learn  that  a  single  member,  except  Mr.  White,  is  from  a  State 
south  of  Pennsylvania;  unless,  indeed,  Dr  Tucker  is  to  be  in- 
cluded in  the  exception.  The  New  Jersey  Representatives  are 
not  yet  announced.  Mr.  Clarke,  it  is  supposed,  will  be  one; 
Mr.  Cadwallader,  Mr.  Boudinot,  and  Mr.  Skureman,  are  talked 
of  as  the  others. 

I  find  that  the  communication  made  you  from  Kentucky  cor- 
responds with  an  official  letter  to  Congress  from  Governor  St. 
Clair,  which  speaks  of  the  same  emissary,  and  the  same  errand. 
Notice  has  been  transmitted  of  the  affair  to  the  executive  of 
Virginia,  in  order  that  regular  steps  may  be  taken,  if  sufficient 
ground  be  afforded,  for  apprehending  the  incendiary.  The 
project  of  Geo.  Morgan  for  establishing  a  colony  beyond  the 
Mississippi  is  also  going  on.  It  is  the  opinion  of  Mr.  Brown, 


1789.  LETTERS.  453 

as  explained  to  Mr.  Griffin,  that  emigrations  to  the  Spanish 
Territory  will  be  enticed  from  Kentucky  as  rapidly  as  the 
allurements  of  the  latter  place  have  obtained  them  from  the 
Atlantic  States.  All  these  circumstances  point  out  the  conduct 
which  the  new  government  ought  to  pursue  with  regard  to  the 
Western  Country  and  Spain. 

I  dropped  you  a  few  lines  from  Baltimore,  mentioning  the 
unanimity  of  the  electoral  vote  of  South  Carolina  and  Georgia 
for  a  President,  and  the  manner  in  which  the  secondary  votes 
were  disposed  of. 

I  am,  dear  sir,  yours  truly  and  affectionately. 


TO   GENERAL  WASHINGTON. 

NEW  YORK,  March  19,  1789. 

DEAR  SIR, — On  our  arrival  here  we  found  that  the  number 
of  Representatives  on  the  spot  had  been  stationary  from  the 
second  day  of  the  meeting.  Mr.  Page,  Mr.  Lee,  and  myself, 
raised  it  to  21,  and  Mr.  S.  Griffin  and  Mr.  Moore  have  been 
since  added.  The  number  of  attending  Senators  continues  at 
eight.  When  a  quorum  will  be  made  up  in  either  House  rests 
on  vague  conjecture  rather  than  on  any  precise  information.  It 
is  not  improbable,  I  think,  that  the  present  week  will  supply 
the  deficiency  in  one,  if  not  in  both  of  them.  The  States  most 
convenient  are  among  the  defaulters.  It  will  not  be  known,  I 
am  told,  in  this  State,  who  the  Representatives  are,  till  some 
time  next  month.  The  federal  party  calculate  on  an  equal 
division  of  the  six.  Mr.  Lawrence  for  the  city  district,  Mr. 
Floyd  for  the  Long  Island  district,  and  Mr.  Benson  for  a  third. 
In  New  Jersey  the  election  has  been  conducted  in  a  very  singu- 
lar manner.  The  law  having  fixed  no  time  expressly  for  closing 
the  polls,  they  have  been  kept  open  three  or  four  weeks  in  some 
of  the  counties,  by  a  rival  jealousy  between  the  Eastern  and 
western  divisions  of  the  State;  and  it  seems  uncertain  when 
they  would  have  been  closed  if  the  governor  had  not  interposed, 


454  WORKS    OF    MADISON.  1789. 

by  fixing  on  a  day  for  receiving  the  returns,  and  proclaiming 
the  successful  candidates.  The  day  is  passed,  but  I  have  not 
heard  the  result.  The  Western  ticket  in  favor  of  Skureman, 
Boudinot,  Cadwallader,  and  Sennickson,  if  this  be  the  name,  is 
supposed  to  have  prevailed;  but  an  impeachment  of  the  election 
by  the  unsuccessful  competitors  has  been  talked  of.  Two  of  the 
Representatives  from  Massachusetts  are  also  unknown  to  us. 
In  one  of  the  districts  it  is  supposed  that  a  disaffected  man  has 
prevailed. 

An  English  packet  has  been  long  expected,  and  is  not  yet 
arrived.  The  state  of  foreign  news  remains,  of  consequence, 
little  altered.  The  accounts  of  latest  date,  through  other 
channels,  shew  that  the  progress  in  France  towards  a  constitu- 
tional establishment  is  unchecked,  and  that  a  coalition  between 
the  king  and  the  commons  against  the  nobility  and  clergy  will 
direct  the  innovations. 

With  respectful  compliments  to  Mrs.  Washington  and  the 
rest  of  the  family,  I  am,  dear  sir,  truly  and  affect7,  your  obt 
serv*. 


TO   GENERAL  WASHINGTON. 

NEW  YORK,  Mar.  26,  1789. 

DEAR  SIR, — The  inclosed  copy  of  Morgan's  invitation  to  his 
fellow-citizens  was  obtained  from  one  of  his  friends,  and  for- 
warded to  me  from  Pennsylvania.  It  is  the  most  authentic  and 
precise  evidence  of  the  Spanish  project  that  has  come  to  my 
knowledge.  The  instrument  referred  to  as  retained  in  Morgan's 
hands,  in  order  to  be  signed  by  the  adventurers,  would  still  fur- 
ther explain  the  transaction. 

No  Quorum  is  yet  formed  in  either  house.  The  Senate  want 
two  members;  the  House  of  Rep8  four.  It  is  probable  that 
the  members  from  N.  Jersey,  who  are  at  length  proclaimed,  two 
remaining  members  from  Penn*,  and  Col.  Coles,  who  halted  in 
Philad*,  will  come  in  this  evening,  and  supply  the  deficiency  in 


1789.  MOKGAN'S  INVITATION.  455 

one  Branch.     The  Senate  have  no  precise  prospect  of  the  small 
addition  required  to  their  numbers. 

With  unfeigned  attachment,  <fcc.,  &c. 


[Put  into  the  hands  of  confidential  people  in  Pennsylv"  and  N. 
Jersey,  for  the  purpose  of  procuring  followers.] 

Several  gentlemen  who  propose  to  make  settlements  in  the 
Western  Country  mean  to  reconnoitre  and  survey  the  same 
the  ensuing  winter.  All  farmers,  Tradesmen,  &c.,  of  good  char- 
acters, who  wish  to  unite  in*  the  scheme  and  to  visit  the  Coun- 
try under  my  direction,  shall  be  provided  with  boats  and  pro- 
visions for  the  purpose,  free  of  expense,  on  signing  an  agree- 
ment, which  may  be  seen  by  applying  to  me  at  Prospect,  near 
Princeton,  on  or  before  the  8th  day  of  October  next,  or  at  Fort 
Pitt  by  the  10th  day  of  November  next.  The  boats  which  will 
be  employed  on  this  expedition  are  proposed  to  be  from  40  to 
60  feet  long,  to  row  with  20  oars  each,  and  to  carry  a  number 
of  swivels.  Each  man  to  provide  himself  with  a  good  fire-lock 
or  rifle,  ammunition,  and  one  blanket,  or  more  if  he  pleases. 
Such  as  choose  tents  or  other  conveniences  must  provide  them 
themselves.  Every  person  who  accompanies  me  on  this  under- 
taking shall  be  entitled  to  320  acres  of  land,  at  |  of  a  dollar 
per  acre.  Those  who  first  engage  to  have  the  preference  of 
surveys,  which,  however,  each  person  may  make  on  such  part 
of  the  whole  tract  as  he  pleases,  taking  none  but  his  choice  of 
the  best  lands,  providedt  such  survey  is  either  square  or  oblong, 
whose  sides  are  East,  West,  North,  and  South;  640  acres  or  more 
being  first  reserved  for  a  Town,  which  I  propose  to  divide  into 
lots  of  one  acre  each,  and  give  600  of  them  in  fee  to  such  Mer- 
chants, tradesmen,  &c.,  as  may  apply  on  the  spot,  and  40  of 

*  "This  scheme,"  in  the  copy  of  this  paper  sent  by  Mr.  Madison  to  Mr.  Jeffer- 
son, 
t  "  Each  survey." — Ibid. 


456  WORKS    OP    MADISON.  1789. 

them  to  such  public  uses  as  the  inhabitants  shall  from  time  to 
time  recommend,  together  with  one  out-lot  of  ten  acres  to  each 
of  the  first  600  families  who  shall*  settle  in  the  Town.  All  per- 
sons who  settle  with  me  at  New  Madrid,  and  their  posterity, 
will  have  the  free  navigation  of  the  Mississippi,  and  a  market 
at  New  Orleans,  free  from  duties,  for  all  the  produce  of  their 
lands,  where  they  may  receive  payment  in  Mexican  Dollars  for 
their  flour,  Tobacco,  &c. 

It  is  proposed,  after  fifing  on  the  spot,  to  clear  and  fence  in 
one  hundred  acres  in  a  convenient  situation,  to  plant  it  with 
corn,  to  hire  suitable  hands  to  tend  it  thro7  the  summer,  and  in 
the  next  fall,  winter,  and  spring,  to  distribute  it  tot  new  settlers 
at  £  of  a  dollar  per  bushel,  that  they  may  have  a  dependence 
so  far  as  this  will  go.  And  as  buffaloes  and  other  game  are 
very  plenty  in  the  neighborhood  there  can  be  no  want  of  pro- 
vision, contractors  being  ready  to  engage  to  deliver  fresh  beef 
and  venison  throughout  the  year  at  1  penny  per  pound.  Credit 
will  be  given  to  those  who  desire  it,  as  well  for  the  land  as|  for 
the  provisions,  and  payment  received  in  future  produce.  All 
persons  will  be  assisted  in  building  a  House,  clearing  a  spot  of 
ground,  and  in  getting  in  their  first  crops.  Horned  cattle, 
horses,  and  swine,  will  be  delivered  to  the  settlers  at  New 
Madrid  in  such  quantities  as  they  shall  stand  in  need  of  at  first, 
at  very  reasonable  rates  for  cash||  or  future  produce.  Those  who 
settle  at  New  Madrid  in  this  or  the  ensuing  year  shall  have 
plough-irons,  or  other  Iron  works,  and  farming  utensils,  trans- 
ported down  the  Ohio  gratis;  also  their  clothing,  bedding, 
kitchen  furniture,  and  certain  other  articles  which  may  not  be 
too  bulky. 

Schoolmasters  will  be  engaged  immediately  for  the  instruc- 
tion of  youth.  Ministers  of  the  Gospel  will  meet  with  encour- 
agement, and  grants  of  land  made  in  fee  to  each§  of  every  de- 

*  '  Build  and  settle,"  in  the  copy  sent  to  Mr.  Jefferson, 

t  'All  new  settlers."— Ibid. 

|  '  For  provisions." — Ibid. 

||  'Or produce."— Ibid. 

§  '  And  every." — Ibid. 


1789.  LETTERS.  457 

nomination  who  may  agree  with  a  congregation  before  the  year 

1790,  besides  particular  grants  of  tracts  of  land  to  each  So- 
ciety. 

This  new  city  is  proposed  to  be  built  on  a  high  bank  of  the 
Mississippi  River,  near  the  mouth  of  the  Ohio,  in  the  richest 
and  most  healthy  part  of  the  Western  Country,  about  the  lati- 
tude of  37°. 

Those  who  wish  for  further  information  will  be  pleased  to 
apply  to  me  in  person  as  above  mentioned,  or  at  the  new  City 
of  Madrid  after  the  first  day  of  next  Decr,  where  the  Surveyors 
will  attend  to  lay  out  the  lands. 
(Signed.) 

OCTB  3d,  1788.  GEORGE  MORGAN. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  March  29th,  1789. 

DEAR  SIR, — My  last  was  committed  in  December  to  Mr. 
Gouverneur  Morris.  I  was  then  on  my  way  to  Virginia.  The 
elections  for  the  new  government  commenced  shortly  after  my 
arrival.  The  first  was  of  Electors,  to  Ballot  for  a  President 
and  Vice  President.  The  successful  candidates  were  General 
Wood,  Mr.  Zachy  Johnson,  Gen1  Edward  Stephens,  Doctor 
David  Stuart,  Mr.  W.  Fitzhugh  of  Chatham,  Mr.  Warner 
Lewis  of  Gloucester,  Mr.  Jno.  Harvey,  Mr.  Walk,  of  or  near 
Norfolk,  Mr.  Kello  of  Southampton.  These  nine  were  federal: 
ists.  The  remaining  three,  Mr.  Patrick  Henry,  Mr.  Roane  of 
King  and  Queen,  and  Mr.  Pride  of  Amelia,  were  of  the  adverse 
party.  Two  of  the  former  party  did  not  attend.  The  votes 
were  unanimous  with  respect  to  General  Washington,  as  appears 
to  have  been  the  case  in  each  of  the  States.  The  secondary 
votes  were  given,  among  the  federal  members,  chiefly  to  Mr.  J. 
Adams,  one  or  two  being  thrown  away  in  order  to  prevent  a 
possible  competition  for  the  Presidency.  Governor  Clinton 
was  the  secondary  choice  of  the  anti-federal  members.  In  the 
succeeding  election  of  Representatives,  federalism  was  also 


458  WORKS  OF  MADISON. 

proved  to  be  the  prevailing  sentiment  of  the  people.  The  suc- 
cessful candidates  on  this  list  are  Mr.  Moore,  late  of  the  Execu- 
tive Council,  (from  Rockingham,)  Mr.  Alexander  White,  Mr. 
Richard  Bland  Lee,  Mr.  John  Page,  (Rosewell,)  Mr.  Samuel 
Griffin,  Mr.  Brown,  member  of  the  old  Congress,  (from  Ken- 
tucky,) J.  Madison,  Col.  Parker,  (late  nav.  officer  at  Norfolk,) 
Col.  Isaac  Coles,  (of  Halifax,)  and  Col.  Bland.  Of  these,  the 
seven  first  have  been  on  the  side  of  the  Constitution;  the  three 
last  in  the  opposition.  Col.  Parker  appears  to  be  very  tem- 
perate, and  it  is  not  probable  that  both  the  others  will  be  very 
inveterate.  It  was  my  misfortune  to  be  thrown  into  a  contest 
with  our  friend,  Col.  Monroe.  The  occasion  produced  consider- 
able efforts  among  our  respective  friends.  Between  ourselves, 
I  have  no  reason  to  doubt  that  the  distinction  was  duly  kept  in 
mind  between  political  and  personal  views,  and  that  it  has 
saved  our  friendship  from  the  smallest  diminution.  On  one 
side  I  am  sure  it  is  the  case. 

Notwithstanding  the  lapse  of  time  since  the  birthday  of  the 
new  Government,  (the  4th  of  March,)  I  am  under  the  necessity 
of  informing  you  that  a  quorum  is  not  yet  formed,  either  in  the 
Senate  or  House  of  Representatives.  The  season  of  the  year, 
the  peculiar  badness  of  the  weather,  and  the  short  interval 
between  the  epoch  of  election  and  that  of  meeting,  form  a 
better  apology  for  the  delay  than  will  probably  occur  on  your 
side  of  the  Atlantic.  The  deficiency  at  present  in  the  House 
of  Representatives  requires  two  members  only  for  a  Quorum, 
and  in  the  Senate  one  only.  A  few  days  will,  therefore,  fit  the 
Body  for  the  first  step,  to  wit,  opening  the  Ballots  for  the 
President  and  Vice  President.  I  have  already  said  that 
General  Washington  will  be  the  first  by  a  unanimous  suffrage. 
It  is  held  to  be  certain  that  Mr.  Adams,  though  refused  a  great 
many  votes  from  different  motives,  will  have  the  second  appoint- 
ment. A  considerable  delay  will  be  unavoidable,  after  the 
ballots  are  counted,  before  the  President  can  be  on  the  spot, 
and,  consequently,  before  any  Legislative  act  can  take  place. 
Such  a  protraction  of  the  inactivity  of  the  Government  is  to  be 
regretted  on  many  accounts,  but  most  on  account  of  the  loss  of 


1789.  LETTERS.  459 

revenue.  A  prospect  of  the  Spring  importations  led  to  the 
appointment  of  the  first  meeting  at  a  time  which,  in  other 
respects,  was  unseasonable. 

It  is  not  yet  possible  to  ascertain  precisely  the  complexion 
of  the  new  Congress.  A  little  time  will  be  necessary  to  unveil 
it,  and  a  little  will  probably  suffice.  With  regard  to  the  Con- 
stitution, it  is  pretty  well  decided  that  the  disaffected  party 
in  the  Senate  amounts  to  two  or  three  members  only;  and  that 
in  the  other  House  it  does  not  exceed  a  very  small  minority, 
some  of  which  will  also  be  restrained  by  the  federalism  of  the 
States  from  which  they  come.  Notwithstanding  this  character 
of  the  Body,  I  hope  and  expect  that  some  conciliatory  sacrifices 
will  be  made,  in  order  to  extinguish  opposition  to  the  system, 
or  at  least  break  the  force  of  it,  by  detaching  the  deluded 
opponents  from  their  designing  leaders.  With  regard  to  the 
system  of  policy  to  which  the  Government  is  capable  of  rising, 
and  by  which  its  genius  will  be  appreciated,  I  wait  for  some 
experimental  instruction.  Were  I  to  advance  a  conjecture,  it 
would  be,  that  the  predictions  of  an  anti-democratic  operation 
will  be  confronted  with  at  least  a  sufficient  number  of  the 
features  which  have  marked  the  State  Governments. 

Since  my  arrival  here  I  have  received  your  favor  of  Novem- 
ber 18th.  It  had  been  sent  on  to  Virginia;  but  not  reaching 
Fredericksburg  before  I  passed  that  place,  it  followed  me  back 
hither.  I  am  much  concerned  that  your  scheme  of  passing  the 
ensuing  summer  in  your  native  country  has  been  defeated.  Mr. 
Jay,  with  whom  I  have  conversed  on  the  subject,  tells  me  that 
his  answer  to  your  public  letter  has  explained  the  impossibility 
of  giving  effect  to  your  wishes,  no  Congress  having  been  formed 
under  the  old  Confederation  since  the  receipt  of  your  letter,  or, 
indeed,  since  the  expiration  of  the  last  federal  year.  The  most 
that  can  now  be  done  will  be  to  obtain  from  the  new  authority, 
as  early  as  possible,  some  act  which  may  leave  the  matter  to 
your  own  discretion.  Perhaps  it  may  be  neither  more  incon- 
venient to  your  private  nor  to  the  public  affairs  to  make  your 
visit  in  the  fall  instead  of  the  Spring,  and  to  pass  the  Winter 
instead  of  the  Summer  in  America.  The  same  cause  on  which 


460  WORKS    OF    MADISON.  1789. 

you  are  to  charge  your  disappointment  in  this  instance  pre- 
vented a  decision  on  the  question  of  outfit,  stated  in  one  of  your 
former  communications. 

With  some  printed  papers  containing  interesting  articles,  I 
inclose  a  manuscript  copy  of  Col.  Morgan's  invitation*  to  per- 
sons disposed  to  seek  their  fortunes  on  the  Spanish  side  of  the 
Mississippi.  There  is  no  doubt  that  the  project  has  the  sanc- 
tion of  Gardoqui.  It  is  a  silly  one  on  the  part  of  Spain,  and 
will  probably  end  like  the  settlements  on  the  Roman  side  of  the 
Danube,  with  the  concurrence  of  the  declining  empire.  But  it 
clearly  betrays  the  plan  suggested  to  you  in  a  former  letter,  of 
making  the  Mississippi  the  bait  for  a  defection  of  the  Western 
people.  Some  of  the  leaders  in  Kentucky  are  known  to  favor 
the  idea  of  connection  with  Spain.  The  people  are  as  yet  in- 
imical to  it.  Their  future  disposition  will  depend  on  the  meas- 
ures of  the  new  Government. 

I  omitted  to  mention  that  a  dispute  between  the  Senate  of 
this  State,  which  was  federal,  and  the  other  branch,  which  was 
otherwise,  concerning  the  manner  of  appointing  Senators  for 
the  Congress,  was  so  inflexibly  persisted  in  that  no  appointment 
was  made  during  the  late  session,  and  must  be  delayed  for  a 
considerable  time  longer,  even  if  the  dispute  should  on  a  second 
trial  be  accommodated.  It  is  supposed  by  some  that  the  super- 
intending power  of  Congress  will  be  rendered  necessary  by  the 
temper  of  the  parties.  The  provision  for  the  choice  of  electors 
was  also  delayed  until  the  opportunity  was  lost;  and  that  for 
the  election  of  Representatives  so  long  delayed  that  the  result 
will  not  be  decided  till  tuesday  next.  It  is  supposed  that  at 
least  three  out  of  the  six  will  be  of  the  federal  party.  In  New 
Jersey,  the  inaccuracy  of  the  law  providing  for  the  choice  of 
Representatives  has  produced  an  almost  equal  delay,  and  left 
room  for  contests,  which,  if  brought  by  the  disappointed  candi- 
dates into  the  House,  will  add  a  disagreeable  article  to  the  list 
of  its  business. 

I  am  much  obliged  for  the  two  estimates  on  the  subject  of 

*  See  this  paper,  ante  pp.  455 — 457. 


1789.  LETTERS.  461 

our  foreign  debt,  and  shall  turn  your  ideas  to  the  account  which 
they  deserve. 


TO  GENERAL  WASHINGTON. 

NEW  YORK,  April  6th,  1789. 

DEAR  SIR, — The  arrival  of  R.  H.  Lee  yesterday  has  made  up 
a  quorum  of  the  Senate.  A  quorum  in  the  other  house  was 
made  on  Wednesday  last.  The  ballots  will  be  opened  to-day, 
unless  an  indisposition  of  Mr.  Basset  should  prevent;  which 
was  not  probable  yesterday  afternoon.  The  notifications  of  the 
President  and  vice  President  will  be  left  to  the  Senate.  Mr. 
Charles  Thomson  will  be  the  messenger  to  the  former. 

The  papers  will  have  made  known  that  Mr.  Muhlenburg  was 
the  choice  of  the  Representatives  for  their  speaker,  and  Mr. 
Beckley  for  their  clerk.  The  competitor  of  the  former  was 
Mr.  Trumbull,  who  had  a  respectable  vote;  of  the  latter,  Mr. 
S.  Stockton,  of  New  Jersey,  who,  on  the  first  ballot,  had  the 
same  number  with  Mr.  Beckley.  A  British  packet  arrived 
some  days  ago,  but  has  not  brought,  as  far  as  I  have  learned, 
any  public  letters.  The  other  information  brought  has  passed 
into  our  Gazettes,  and  will  have  reached  you  through  that 
channel. 

I  am,  dear  Sir,  with  the  highest  respect  and  attachment,  your 
obed*  and  very  hble  servt. 

Your  favor,  enclosing  a  letter  received  at  Mount  Vernon  for 
me,  has  been  duly  received. 


TO  EDMUND  PENDLETON. 

NEW  YORK,  April  8th,  1789. 

DEAR  SIR, — You  will  not  learn  without  some  surprize  that 
the  sixth  of  this  month  arrived  before  a  quorum  was  made  up 
in  both  branches  of  the  new  Legislature,  and  the  first  of  the 


462  WORKS    OP    MADISON.  1789. 

month  before  a  Quorum  was  attained  in  either.  The  first  and 
only  joint  step  taken  by  the  Congress  was  the  examination  of 
the  ballots  for  President  and  vice  president.  The  votes  were 
found,  as  was  expected,  to  be  unanimously  given  to  General 
Washington;  and  a  sufficient  number,  though  smaller  than  was 
expected,  to  give  the  secondary  dignity  to  Mr.  Adams.  The 
entire  number  of  votes  was  69.  Mr.  Adams  had  34  only. 
Governour  Clinton  had  not  a  single  vote  except  those  of  his 
three  friends  in  Virginia.  Mr.  Charles  Thomson  set  out  yester- 
day as  the  herald  to  Mount  Vernon,  and  a  private  gentleman 
with  notice  to  the  vice  president.  The  Speaker  of  the  House 
of  Representatives  is  Mr.  Muhlenburg,  of  Pennsylvania.  The 
Clerk,  Mr.  Beckley.  Mr.  Langdon  was  placed  in  the  chair  of 
the  Senate  for  the  special  purpose  of  opening  the  ballots,  and 
will  remain  in  it  until  Mr.  Xdams  arrives.  The  Clerk  of  that 
House  is  not  yet  appointed. 

I  inclose  a  copy  of  the  Rules  agreed  on  yesterday.  They  are 
to  receive  a  supplement  as  soon  as  prepared  by  a  Committee. 
The  first  regular  business  to  be  discussed  will  relate  to  com- 
merce, which  is  in  a  state  of  anarchy  at  present.  Some  propo- 
sitions on  that  subject  will  be  taken  up  to-morrow.  It  is  thought 
proper  that  the  preparatory  work  should  be  done  before  the  ar- 
rival of  the  President.  The  subject  of  amendments  has  not  yet 
been  touched.  From  appearances  there  will  be  no  great  diffi- 
culty in  obtaining  reasonable  ones.  It  will  depend,  however, 
entirely  on  the  temper  of  the  federalists,  who  predominate  as 
much  in  both  branches  as  could  be  wished.  Even  in  this  State, 
notwithstanding  the  violence  of  its  anti-federal  symptoms,  three 
of  its  six  representatives  at  least  will  be  zealous  friends  to  the 
Constitution;  and  it  is  not  improbable  that  a  fourth  will  be  of 
the  same  description. 

By  a  late  British  packet  we  understand  that  the  King  contin- 
ues under  his  disability,  though  without  mortal  symptoms ;  that 
the  care  of  his  person  is  committed  to  the  Queen,  and  that  the 
Prince  of  Wales  is  sole  Regent  by  an  act  of  the  two  Houses, 
but  under  certain  limitations  of  power,  which  have  produced 
a  pointed  and  public  discussion  between  him  and  Mr.  Pitt. 


1789.  LETTERS.  463 

TO  EDMUND  EANDOLPH. 

NEW  YORK,  April  12,  1789. 

MY  DEAR  FRIEND, — I  am  just  favored  with  yours  of  the  27th 
Ultimo.  My  last  was  sent  from  Alexandria,  and  as  the  receipt 
of  it  is  not  mentioned,  I  fear  that  it  may  have  miscarried.  I 
have  not  sooner  written  from  this  place  because  I  waited  for 
an  opportunity  of  collecting  the  features  and  complexion  of  the 
new  Government,  which,  in  its  Legislative  capacity,  never  be- 
came practically  organized  till  the  6th  instant,  and  in  its  Exec- 
utive capacity  will  not  be  so  for  10  or  15  days. 

The  subject  taken  up  in  this  House  is  an  impost.  Opinions 
are  divided  on  the  point  whether  the  first  plan  shall  be  a  hasty 
and  temporary  essay,  or  be  digested  into  a  form  as  little  im- 
perfect as  the  want  of  experience  will  admit.  There  are  plausi- 
ble arguments  on  both  sides.  The  former  loses  ground  daily, 
from  the  apparent  impracticability  of  reaping  the  Spring  har- 
vest from  importations.  It  is  probable  that  the  law  will,  in  the 
event,  be  limited  to  a  longer  or  a  shorter  duration,  according  to 
the  accuracy  and  extent  which  can  within  a  decent  time  be  given 
to  its  provisions.  I  need  not  remark  to  you  the  difficulty  of  the 
work.  Nothing  but  experience  and  successive  revisions  can 
render  it  tolerably  adequate  and  respectable.  There  will  be 
difficulty,  also,  in  adjusting  a  scale  of  duties,  &c.,  to  the  different 
ideas  and  interests  of  different  States  and  Statesmen.  But  I 
suspect  the  latter  difficulty  will  be  less  perplexing  than  the 
former,  though  I  know  a  contrary  apprehension  has  prevailed. 
The  Senate  have  appointed  a  Committee  on  the  subject  of  the 
Judiciary  Department. 

On  the  subject  of  amendments,  nothing  has  been  publickly, 
and  very  little  privately,  said.  Such  as  I  am  known  to  have 
espoused  will,  as  far  as  I  can  gather,  be  attainable  from  the 
federalists,  who  sufficiently  predominate  in  both  branches, 
though  with  some  the  concurrence  will  proceed  from  a  spirit 
of  conciliation  rather  than  conviction.  Connecticut  is  least  in- 
clined, though  I  presume  not  inflexibly  opposed,  to  a  moderate 
revision.  A  paper,  which  will  probably  be  republished  in  the 


464  WORKS    OF    MADISON.  1789. 

Virginia  Gazettes,  under  the  signature  of  a  citizen  of  New 
Haven,  unfolds  Mr.  Sherman's  opinions.  Whatever  the  amend- 
ments may  be,  it  is  clear  that  they  will  be  attempted  in  no  other 
way  than  through  Congress.  Many  of  the  warmest  of  the  op- 
ponents of  the  Government  disavow  the  mode  contended  for  by 
Virginia. 

I  wish  I  could  see  an  equal  prospect  of  appeasing  the  dis- 
quietude on  the  two  other  points  you  mention — British  debts 
and  taxes.  With  respect  to  the  first,  you  know  my  sentiments. 
It  will  be  the  duty  of  the  Senate,  in  my  opinion,  to  promote 
regulations  with  Great  Britain  as  speedily  as  circumstances  will 
admit,  and  the  aspect  of  the  Government  seems  likely  to  com- 
mand a  respectful  attention  to  its  measures.  I  see  nothing  else 
that  can  be  done.  As  to  the  taxes,  I  see  nothing  that  can  be 
done  more  than  the  ordinary  maxims  of  policy  suggest.  They 
may  certainly  be  diminished  in  consequence  of  the  revolution 
in  the  federal  Government,  since  the  public  wants  will  be  little 
if  at  all  increased,  and  may  be  supplied  in  greater  proportion 
out  of  commerce. 


TO  EDMUND  PENDLETON. 

NEW  YORK,  April  19,  1789. 

DEAK  SIR, — My  last  was  committed  to  Major  Rogers,  of  your 
County,  who  embarked  some  days  ago  from  this  place  for  Vir- 
ginia. I  have  been  since  favoured  with  yours  of  the  7th  instant, 
and  am  much  and  truly  gratified  with  the  proof  it  contains  of 
your  good  health. 

We  have  not  yet  either  the  President  or  vice  President  on  the 
ground.  The  former  is  expected  in  a  few  days.  The  latter,  we 
are  told,  will  certainly  come  in  to-morrow  evening.  Prepara- 
tions are  making  by  the  Inhabitants  for  the  reception  of  both; 
for  that  of  the  former  in  a  very  splendid  style. 

The  House  of  Representatives  is  still  occupied  with  the  im- 
post. It  is  a  subject  which  is  not  very  simple  in  itself,  and  is 
rendered  not  a  little  difficult  by  the  diversity  of  State  regula- 


1789.  LETTERS.  465 

tions;  by  the  total  want  of  regulations  in  several  States;  by  the 
case  of  Rhode  Island  and  North  Carolina,  not  yet  parties  to  the 
Constitution;  and  by  the  law  of  Virginia  disqualifying  State 
officers,  Judiciary,  as  well  as  others,  from  executing  federal 
functions.  The  latter  circumstance  seems  to  threaten  addi- 
tional delay,  since  it  may  require  some  special  provision  of  a 
Judiciary  nature  for  cases  of  seizure,  <fec.,  until  the  Judiciary 
department  can  be  systematically  arranged;  and  may  even  then 
oblige  the  federal  Legislature  to  extend  its  provisions  farther 
than  might  otherwise  be  necessary.  In  settling  the  rate  of  du- 
ties, the  ideas  of  different  quarters,  Northern  and  Southern, 
Eastern  and  Western,  do  not  entirely  accord;  but  the  difficul- 
ties are  adjusted  as  easily  as  could  be  well  expected.  If  the 
duties  should  be  raised  too  high,  the  error  will  proceed  as  much 
from  the  popular  ardor  to  throw  the  burden  of  revenue  on 
trade  as  from  the  premature  policy  of  stimulating  manufac- 
tures. 

Several  vessels  are  just  arrived  from  England.  They  report 
that  the  King  was  getting  much  better,  and  the  nation  flattered 
with  a  hope  of  his  being  soon  able  to  resume  the  reins  of  Gov- 
ernment. Should  his  recovery  amount  to  a  lucid  interval  only, 
and  successive  relapses  mark  his  future  situation,  the  case  will 
become  more  singular  and  perplexing  than  ever. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  May  9, 1789. 

DEAR  SIR, — My  last  was  of  the  29th  March.  A  few  days  ago 
I  had  the  pleasure  of  yours  of  the  12  January.  I  thank  you 
for  your  attention  to  the  works  of  the  Abbe  BartheLemy  and 
the  Marquis  Condorcet,  and  wish  much  that  your  attempts  to 
procure  me  a  genuine  copy  of  the  King  of  Prussia's  may  succeed. 

I  send  you  herewith  the  first  N  .  of  the  Congressional  Regis- 
ter, which  will  give  you  some  idea  of  the  discussions  in  the 
new  Legislature.  You  will  see  at  once  the  strongest  evidences 
of  mutilation  and  perversion,  and  of  the  illiteracy  of  the  Editor. 

VOL.  i.  30 


466  WORKS    OF    MADISON.  1789. 

The  following  Numbers  shall  go  after  it,  as  conveyances  occur, 
unless  they  should  be  found  wholly  unworthy  of  it.  The  delib- 
erations of  the  House  of  Representatives  have  been  chiefly  em- 
ployed on  the  subject  of  an  Impost.  Opinions  have  been  con- 
siderably divided  on  the  quantum  of  duties  that  would  be  prac- 
ticable, and,  in  some  instances,  on  the  ratio  of  different  duties 
likely  to  operate  differently  in  different  States  that  would  be 
just.  In  general,  the  interests  and  ideas  of  the  Northern  and 
Southern  States  have  been  less  adverse  than  was  predicted  by 
the  opponents  or  hoped  by  the  friends  of  the  new  Government. 
Members  from  the  same  State,  or  the  same  part  of  the  Union, 
are  as  often  separated  on  questions  from  each  other  as  they  are 
united  in  opposition  to  other  States  or  other  quarters  of  the 
continent.  This  is  a  favorable  symptom.  The  points  on  which 
most  controversy  has  been  raised  are:  1st.  The  duty  on  molasses. 
2.  The  discrimination  between  nations  in  and  those  not  in 
Treaty.  The  arguments  against  what  appears  a  proportionate 
duty  on  molasses  to  that  of  rum  turned  on  its  disproportion  to 
the  value  of  the  article;  the  effect  on  the  trade  in  it,  which 
yields  the  only  market  for  certain  exports  from  the  Eastern 
States;  the  effect  on  the  fisheries,  in  which  both  rum  and  mo- 
lasses are  consumed;  and,  finally,  the  effect  on  the  poor  in  that 
part  of  the  Union  where  the  latter  enters  into  their  ordinary , 
diet.  The  opposite  arguments  have  been,  that  a  proportion  to 
the  duty  on  rum  was  essential  to  the  productiveness  of  the  fund, 
as  well  as  to  the  rules  of  justice  as  applied  to  different  States, 
some  of  which  consume  foreign  and  some  country  rum;  that  if 
the  proportion  was  not  violated,  the  trade  in  molasses  could  not 
be  affected  nor  the  distilleries  injured;  that  the  effect  on  the 
fisheries  would  be  too  small  to  be  felt;  and  that  the  poor  who 
consume  molasses  would  escape  the  burden  falling  on  the  poor 
who  consume  sugar.  By  the  inclosed  printed  resolutions  you 
will  see  the  rates  on  these  articles  as  they  yet  stand.  It  is  not 
improbable  that  further  efforts  will  be  made  to  reduce  that  on 
molasses.  Some  of  the  other  rates  have  been  altered  since  they 
were  printed.  I  do  not  note  them  because  they  are  not  yet  in 
their  final  state.  It  will  become  a  serious  question  whether  a 


1789.  LETTERS.  4(37 

general  reduction  of  the  rates  shall  be  made  or  not,  on  the  idea 
of  the  danger  of  smuggling.  The  distinction  between  nations 
in  and  not  in  Treaty  has  given  birth  to  three  distinct  and 
urgent  debates.  On  the  last,  the  minority  was  very  small  for 
putting  Great  Britain  at  once  on  the  same  footing  with  the  most 
favored  nation.  This  policy,  though  patronized  by  some  re- 
spectable names,  is  chiefly  abetted  by  the  spirit  of  this  City, 
which  is  steeped  in  Anglicism.  It  is  not  improbable,  from  the 
urgency  of  its  representative,  that  a  further  effort  may  be  yet 
made. 

Not  knowing  how  far  the  present  conveyance  may  be  a  cer- 
tain one,  I  decline,  on  reflection,  inclosing  the  Register  until  a 
more  direct  opportunity  offers,  when  I  will  add  sundry  matters 
which  I  have  not  time  now  to  put  in  cypher.  Inclosed  is  the 
Speech  of  the  President,  with  the  Address  of  the  House  of  Rep- 
resentatives, and  his  reply.  You  will  see  in  the  caption  of  the 
address  that  we  have  pruned  the  ordinary  stile  of  the  degrading 
appendages  of  Excellency,  Esquire,  &c.,  and  restored  it  to  its 
naked  dignity.  Titles  to  both  the  President  and  Vice  Presi- 
dent were  formally  and  unanimously  condemned  by  a  vote  of 
the  House  of  Representatives.  This,  I  hope,  will  shew  to  the 
friends  of  Republicanism  that  our  new  Government  was  not 
meant  to  substitute  either  Monarchy  or  Aristocracy,  and  that 
the  genius  of  the  people  is  as  yet  adverse  to  both. 


TO  EDMUND   RANDOLPH. 

NEW  YORK,  May  10,  1789. 

MY  DEAR  FRIEND, — Whilst  I  thank  you  for  your  favor  of  the 
23d  ultimo,  I  must  remind  you  that  it  does  not  contain  the 
promised  information  on  the  case  of  the  French  Consul  here. 
I  am  led  to  it  by  being  myself  just  reminded  by  him  of  the 
omission  on  my  part. 

The  plan  of  an  immediate  temporary  impost  was  what  first 
occurred  on  the  subject.  It  is  not  yet  abandoned,  but  the  prac- 
ticability is  questionable.  The  plan  of  1783  was  inadmissible 


468  WORKS    OF    MADISON.  1789 

without  alteration  on  some  points,  which  have  been  most  pro- 
ductive of  delay.  I  allude  particularly  to  the  ratio  between 
the  duties  on  ruin  and  molasses.  When  this  plan  was  recom- 
mended by  Congress,  the  States  could  restrain  the  substitution 
of  N.  England  rum  by  taxing  it,  which  being  now  prohibited, 
an  indirect  tax  on  it  through  the  medium  of  molasses  is  become 
essential  on  the  part  of  the  National  authority.  The  rates  of 
impost  are  in  their  last  stage,  and  will  probably  be  soon  deter- 
mined. The  plan  of  temporary  collection,  by  a  general  adop- 
tion of  the  existing  regulations  of  the  States,  is  also  before  the 
House  of  Representatives.  A  uniform  plan  will  in  a  day  or 
two  follow  it  from  the  Committee  appointed  to  report  the 
proper  mode.  The  House  will  be  able  to  make  their  election 
between  the  two.  The  reasons  for  despatch  will  recommend 
the  first,  if  it  can  be  made  to  hold  water,  which  is  much  doubted. 
Whichever  plan  may  be  preferred,  it  will  be  proper,  perhaps, 
to  limit  its  duration,  that  a  more  correct  provision  within  a 
reasonable  time  may  be  rendered  a  matter  of  necessity. 

No  question  has  been  made  in  this  quarter  or  elsewhere,  as 
far  as  I  have  learned,  whether  the  General  ought  to  have  ac- 
cepted the  trust.  On  the  contrary,  opinions  have  been  unani- 
mous and  decided  that  it  was  essential  to'  the  commencement 
of  the  Government,  and  a  duty  from  which  no  private  con- 
siderations could  absolve  him.  The  promptitude  of  his  setting 
out  from  Mount  Vernon  was  the  effect  of  information  of  the 
delay  of  business  here,  the  impatience  of  the  public  mind,  and 
the  necessity  of  his  presence  to  make  the  Government  compe- 
tent to  its  first  and  most  urgent  objects.  His  election  was 
known  to  him  with  certainty  a  long  time  before  the  ballots 
were  opened,  and  informally  communicated,  I  believe,  before  it 
was  regularly  notified.  It  was  taken  for  granted  here,  that, 
under  the  circumstances  of  the  occasion,  he  would  lose  no  time 
in  repairing  to  his  station,  if  he  meant  not  to  decline  it  alto- 
gether. Col.  Griffin  has,  I  presume,  sent  you  his  inaugural 
speech.  Inclosed  is  the  answer  of  the  House  of  Representa- 
tives. The  address  is  purged,  you  will  observe,  of  all  titles 
whatsoever  except  the  Constitutional  one. 


1789.  LETTERS.  469 

This  point  had  been  previously  determined  by  a  Report  from 
a  joint  committee  originated  by  the  Senate,  for  the  purpose  of 
settling  what,  or  whether  any,  titles  should  be  annexed  to  the 
President  and  Vice  President.  The  Report  was  unanimously 
agreed  to  by  the  House  of  Representatives  previous  to  the 
address.  I  am  sorry  to  find  that  the  Senate  do  not  concur  in 
this  principle  of  dignified  simplicity.  They  have  disagreed  to 
the  Report  of  the  joint  Committee,  and  have  proposed  another 
consultation  on  the  subject.  The  House  of  Representatives 
will  assuredly  adhere  to  the  first  determination.  The  friends 
of  titles  in  the  other  Branch  are  headed  by  the  vice  president, 
who  is  seconded  with  all  the  force  and  urgency  of  natural 
temper  by  R.  H.  L — .  I  make  no  other  remark  on  the  case 
than  that  it  is  communicated  to  yourself  only. 
Ever  most  affecy  yours, 


My  compliments  to  the  President.*  I  wish  to  write  to  him, 
but  my  friends  must  excuse  me  from  much  of  the  attention 
which  my  inclination  would  give  them. 


TO  JAMES  MONROE. 

NEW  YORK,  May  13,  1789. 

DEAR  SIR, — I  have  been  favored  with  yours  of  April 


The  newspapers  will  have  given  you  some  idea  of  our  proceed- 
ings, though  in  a  state  always  mutilated,  and  often  perverted. 
The  impost  is  still  the  subject  of  deliberation.  The  general 
quantum  of  duties  has  at  some  periods  been  a  source  of  discus- 
sion; at  others,  the  ratio  of  particular  duties  have  produced  still 
more  of  it.  The  proper  one  between  Rum  and  Molasses  has 
been  the  last  and  the  longest  question  of  that  sort.  I  fear  it  will 
not  be  possible  to  establish  a  due  and  politic  proportion  with- 
out admitting  excises,  so  far  as  to  reach  the  distilleries.  The 

*  Of  William  and  Mary. 


470  WORKS    OP    MADISON.  1789. 

dilemma  between  that  expedient  and  a  palpable  inequality  in 
the  burden,  and  injury  to  the  Treasury,  is  a  perplexing  one. 


TO  EDMUND  PENDLETON. 

NEW  YORK,  May  17,  1789. 

DEAR  SIB, — Your  favor  of  the  3d  instant  was  not  received 
till  two  days  ago.  It  is  not  certain,  however,  that  the  post 
office  is  chargeable  with  the  delay,  the  date  of  its  receipt, 
stamped  at  Fredericksburg,  being  the  6th  of  the  month. 

The.  progress  of  our  revenue  system  continues  to  be  slow. 
The  bill  rating  the  duties  is  still  with  the  Senate.  It  is  said 
that  many  alterations  will  be  proposed,  consisting  of  reductions 
chiefly.  It  is  said,  also,  that  the  proposition  for  putting  Great 
Britain  on  the  same  footing  with  our  Allies  in  all  respects, 
prior  to  a  treaty  with  her,  will  have  a  majority  in  that  House, 
and  will  undergo  another  agitation  in  the  House  of  Represent- 
atives. It  had  before  three  trials  in  the  latter,  but  it  lost 
ground  in  each,  and  finally  was  in  a  minority  of  9  or  10  against 
near  40.  I  think  it  an  impolitic  idea  as  it  relates  to  our 
foreign  interest,  and  not  less  so,  perhaps,  as  it  relates  to  the 
popular  sentiment  of  America,  particularly  of  Virginia,  and 
still  more  particularly  of  that  part  of  it  which  is  already  most 
dissatisfied  with  the  new  Government. 

I  communicated  your  compliments  to  the  President,  who 
received  them  with  professions  of  his  great  esteem  and  regard 
for  you,  and  desired  me  to  make  the  proper  returns  for  them. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  May  23,  1789. 

DEAR  SIR,—      ****** 
My  last  inclosed  copies  of  the  President's  inaugural  Speech, 
and  the  answer  of  the  House  of  Representatives.    I  now  add 
the  answer  of  the  Senate.    It  will  not  have  escaped  you  that 


1789.  LETTERS.  471 

the  former  was  addressed  with  a  truly  republican  simplicity  to 
George  Washington,  President  of  the  United  States.  The  latter 
follows  the  example,  with  the  omission  of  the  personal  name, 
but  without  any  other  than  the  Constitutional  title.  The  pro- 
ceeding on  this  point  was,  in  the  House  of  Representatives, 
spontaneous.  The  imitation  by  the  Senate  was  extorted.  The 
question  became  a  serious  one  between  the  two  Houses.  J. 
Adams  espoused  the  cause  of  titles  with  great  earnestness.  His 
friend,  R.  H.  Lee,  although  elected  as  a  Republican  enemy  to  an 
aristocratic  Constitution,  was  a  most  zealous  second.  The  pro- 
jected title  was,  his  Highness  the  President  of  the  United  States 
and  protector  of  their  liberties.  Had  the  project  succeeded,  it 
would  have  subjected  the  President  to  a  severe  dilemma,  and 
given  a  deep  wound  to  our  infant  Government. 

It  is  with  much  pleasure  I  inform  you  that  Moustier  begins 
to  make  himself  acceptable;  and  with  still  more,  that  Madame 
Brehan  begins  to  be  viewed  in  the  light  which  I  hope  she 
merits,  and  which  was  so  little  the  case  when  I  wrote  by  Mas- 
ter Morris. 

The  collection  bill  is  not  yet  passed.  The  duties  have  been 
settled  in  the  House  of  Representatives,  and  are  before  the  Sen- 
ate; they  produced  a  good  deal  of  discussion,  and  called  forth, 
in  some  degree,  our  local  feelings.  But  the  experiment  has 
been  favorable  to  our  character  for  moderation,  and,  in  general, 
the  temper  of  the  Congress  seems  to  be  propitious. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  May  27th,  1789. 

DEAR  SIR, — My  former  letters  will  have  made  known  to  you 
the  obstacles  to  a  licence  for  your  visit  to  America.  The  new 
authority  has  not  yet  taken  up  your  application.  As  soon  as 
the  auxiliary  offices  to  the  President  shall  be  established  and 
filled,  which  will  probably  not  be  long  delayed,  I  hope  the  sub- 
ject will  be  decided  on,  and  in  the  manner  you  wish.  It  is  al- 
ready agreed  in  the  form  of  resolutions  that  there  shall  be  three 


472  WORKS    OF    MADISON.  1789. 

departments:  one  for  finance,  another  for  foreign  affairs,  and  the 
third  for  war.  The  last  will  be  continued  in  the  hands  of  Gen- 
eral Knox.  The  second  will  remain  with  Mr.  Jay,  if  he  chooses 
to  keep  it.  The  first  is  also  to  be  under  one  head,  though  to  be 
branched  out  in  such  a  manner  as  will  check  the  administration. 
Chancellor  Livingston  wishes  this  department,  but  will  not  suc- 
ceed. It  will  be  given,  I  think,  to  Jay  or  Hamilton.  The  lat- 
ter is,  perhaps,  best  qualified  for  that  species  of  business,  and 
on  that  account  would  be  preferred  by  those  who  know  him 
personally.  The  former  is  more  known  by  character  through- 
out the  United  States. 

I  have  been  asked  whether  any  appointment  at  home  would 
be  agreeable  to  you.  Being  unacquainted  with  your  mind,  I 
have  not  ventured  on  an  answer. 

The  Bill  of  rates,  which  passed  the  House  of  Representatives 
a  few  days  ago,  is  not  yet  come  down  from  the  Senate.  The 
duties  will,  it  is  said,  be  pretty  much  reduced.  In  a  few  in- 
stances, perhaps,  the  reductions  may  not  be  improper.  If  they 
are  not  generally  left  as  high  as  will  admit  of  collection,  the 
dilemma  will  be  unavoidable,  of  either  maintaining  our  public 
credit  in  its  birth,  or  resorting  to  other  kinds  of  taxation  for 
which  our  constituents  are  not  yet  prepared.  The  Senate  is 
also  abolishing  the  discriminations  in  favor  of  nations  in  Treaty, 
whereby  Britain  will  be  quieted  in  the  enjoyment  of  our  trade, 
as  she  may  please  to  regulate  it,  and  France  discouraged  from 
her  efforts  at  a  competition  which  it  is  not  less  our  interest  than 
hers  to  promote.  The  question  was  agitated  repeatedly  in  the 
House  of  Representatives,  and  decided  at  last  almost  unani- 
mously, in  favor  of  some  monitory  proof  that  our  Government 
is  able  and  not  afraid  to  encounter  the  restrictions  of  Britain. 
Both  the  Senators  from  Virginia,  particularly  Lee,  go  with  the 
majority  of  the  Senate.  In  this,  I  suspect  the  temper  of  the 
party  which  sent  them  is  as  little  consulted  as  in  the  conduct 
of  Lee  in  the  affair  of  titles,  and  his  opinion  in  relation  to  the 
western  country. 

I  have  already  informed  you  that  Madam  Brehan  is  every 
day  recovering  from  the  disesteem  and  neglect  into  which  re- 


1789.  LETTERS.  473 

ports  had  thrown  her,  and  that  Moustier  is  also  become  more 
and  more  acceptable,  or  at  least  less  and  less  otherwise.  His 
commercial  ideas  are  probably  neither  illiberal  nor  unfriendly 
to  this  country.  The  contrary  has  been  supposed.  When  the 
truth  is  ascertained  and  known,  unfavorable  impressions  will  be 
still  more  removed. 

The  subject  of  amendments  was  to  have  been  introduced  on 
monday  last,  but  is  postponed  in  order  that  more  urgent  busi- 
ness may  not  be  delayed.  On  monday  seven-night  it  will  cer- 
tainly come  forward.  A  Bill  of  rights,  incorporated,  perhaps, 
into  the  Constitution,  will  be  proposed,  with  a  few  alterations 
most  called  for  by  the  opponents  of  the  Government  and  least 
objectionable  to  its  friends. 

As  soon  as  Mr.  Brown  arrives,  who  is  the  Representative  of 
Kentucky,  the  admission  of  that  district  to  the  character  of  a 
State,  and  a  member  of  the  Union,  will  claim  attention.  I  fore- 
see no  difficulty,  unless  local  jealousy  should  couple  the  preten- 
sions of  Vermont  with  those  of  Kentucky;  and  even  then  no 
other  delay  than  what  may  be  necessary  to  open  the  way  for 
the  former,  through  the  forms  and  perhaps  the  objections  of  this 
State,  N.  York,  which  must  not  be  altogether  disregarded. 

The  proceedings  of  the  new  Congress  are,  so  far,  marked 
with  great  moderation  and  liberality,  and  will  disappoint  the 
wishes  and  predictions  of  many  who  have  opposed  the  Govern- 
ment. The  spirit  which  characterizes  the  House  of  Represent- 
atives, in  particular,  is  already  extinguishing  the  honest  fears 
which  considered  the  system  as  dangerous  to  Republicanism. 
For  myself,  I  am  persuaded  that  the  bias  of  the  federal  is  on 
the  same  side  with  that  of  the  State  Governments,  though  in  a 
much  less  degree. 


TO  EDMUND   RANDOLPH. 

NEW  YORK,  May  31, 1789. 

MY  DEAR  FRIEND, — I  have  been  favored  with  yours  of  the 
19th  instant,  and  thank  you  for  the  answer  to  Mr.  S"  John's 


474  WORKS    OF    MADISON.  1789. 

enquiries.  The  apprehensions  of  Mrs.  Randolph  give  me  un- 
feigned concern,  but  I  indulge  strong  hopes  that  they  proceed 
from  an  imaginary  cause.  There  are  so  many  symptoms  which 
mimic  the  cancerous  that  it  would  be  wrong  to  suffer  appear- 
ances to  prevail  against  the  favorable  chances.  At  the  same 
time,  it  is  impossible  to  disapprove  of  the  forecast  with  which 
the  occasion  inspires  you. 

Our  business  here  goes  on  very  slowly,  though  in  a  spirit  of 
moderation  and  accommodation  which  is  so  far  flattering.  The 
bill  for  regulating  the  quantum  of  duties  is  not  yet  come  back 
from  the  Senate.  Some  alterations  will  be  made,  but  none  that 
affect  the  substance  of  the  plan,  unless  it  be  the  abolition  of  a 
small  favor  to  the  Nations  in  alliance  with  us.  copied  from  the 
laws  of  Virginia.  One  of  our  Senators,  whose  ideas  on  another 
point  excite  animadversions  among  his  constituents,  seems  not 
to  consult  their  sentiments  on  this.  I  think  myself  that  it  is 
impolitic,  in  every  view  that  can  be  taken  of  the  subject,  to  put 
Great  Britain  at  once  on  the  footing  of  a  most  favored  nation. 
The  bill  for  collecting  the  duties  is  now  before  the  House  of 
Representatives,  and  I  fear  will  not  be  very  quickly  despatched. 
It  has  passed  through  several  hands,  legal  as  well  as  Mercan- 
tile, and,  notwithstanding,  is  in  a  crude  state.  It  might  cer- 
tainly have  been  put  into  a  better ;  though  in  every  step  the 
difficulties  arising  from  novelty  are  severely  experienced,  and 
are  an  ample  as  well  as  just  source  of  apology.  Scarcely  a  day 
passes  without  some  striking  evidence  of  the  delays  and  per- 
plexities springing  merely  from  the  want  of  precedents.  Time 
will  be  a  full  remedy  for  this  evil,  and  will,  I  am  persuaded, 
evince  a  greater  facility  in  legislating  uniformly  for  all  the 
States  than  has  been  supposed  by  some  of  the  best  friends  of  the 
Union. 

Among  the  subjects  on  the  anvil  is  the  arrangement  of  the 
subordinate  Executive  departments.  A  unity  in  each  has  been 
resolved  on,  and  an  amenability  to  the  President  alone,  as  well 
as  to  the  Senate  by  way  of  impeachment.  Perhaps  it  would 
not  be  very  consistent  with  the  Constitution  to  require  the  con- 
currence of  the  Senate  in  removals.  The  Executive  power  seems 


1789.  LETTERS.  475 

to  be  vested  in  the  President  alone,  except  so  far  as  it  is  quali- 
fied by  an  express  association  of  the  Senate  in  appointments; 
in  like  manner  as  the  Legislative  is  vested  in  Congress,  under 
the  exception  in  favour  of  the  President's  qualified  negative. 
Independently  of  this  consideration,  I  think  it  best  to  give  the 
Senate  as  little  agency  as  possible  in  Executive  matters,  and  to 
make  the  President  as  responsible  as  possible  in  them.  Were 
the  heads  of  departments  dependent  on  the  Senate,  a  faction  in 
this  branch  might  support  them  against  the  President,  distract 
the  Executive  department,  and  obstruct  the  public  business. 
The  danger  of  undue  power  in  the  President  from  such  a  regu- 
lation is  not  to  me  formidable.  I  see  and  politically  feel  that 
that  will  be  the  weak  branch  of  the  Government.  With  a  full 
power  of  removal,  the  President  will  be  more  likely  to  spare 
unworthy  officers  through  fear  than  to  displace  the  meritorious 
through  caprice  or  passion.  A  disgusted  man  of  influence  would 
immediately  form  a  party  against  the  administration,  endanger 
his  re-election,  and  at  least  go  into  one  of  the  Houses  and  tor- 
ment him  with  opposition. 

I  cannot  close  this  without  a  disagreeable  recollection  of  the 
date  of  my  last.  I  am  most  negligent  towards  my  best  friends 
perhaps,  because  I  have  most  confidence  in  their  forgiveness.  I 
will  at  least,  in  future,  inclose  the  newspapers,  when  I  can  do 
no  more.  I  never  had  less  time  that  I  could  truly  call  my  own 
than  at  present,  of  which  I  hope  you  will  consider  my  irregular 
correspondence  as  the  fullest  proof. 

Very  truly  and  most  affec17. 


TO  THOMAS  JEFFERSON. 

(Extract.) 

N.  YORK,  June  13, 1789. 

DEAR  SIR,—       ********, 

The  newspapers  inclosed  will  shew  you  the  form  and  extent 

of  the  amendments  which  I  thought  it  advisable  to  introduce  to 

the  House  of  Representatives,  as  most  likely  to  pass  through 


476  WORKS    OF    MADISON.  ]789. 

two-thirds  of  that  House  and  of  the  Senate,  and  three-fourths 
of  the  States.  If  I  am  not  mistaken,  they  will,  if  passed,  be 
satisfactory  to  a  majority  of  those  who  have  opposed  the  Con- 
stitution. I  am  persuaded  they  will  be  so  to  a  majority  of  that 
description  in  Virginia. 


TO  EDMUND  RANDOLPH. 

NEW  YORK,  June  17.  17B9. 

MY  DEAR  FRIEND, — The  inclosed  bill  relating  to  the  Judici- 
ary has  been  just  introduced  into  the  Senate.  Having  not  yet 
looked  it  over,  I  can  say  nothing  of  its  merits.  You  will  be  a 
better  judge,  and  such  remarks  as  your  leisure  will  permit  will 
be  acceptable  and  useful. 

A  very  interesting  Question  is  started — By  whom  officers 
appointed  during  pleasure  by  the  President  and  Senate  are  to 
be  displaced?  Whether  the  power  results  to  the  authority  ap- 
pointing, or,  as  an  Executive  function,  to  the  President,  who  is 
vested  with  the  Executive  power,  except  so  far  as  it  is  expressly 
qualified?  My  present  opinion  is,  that  tJie  Senate  is  associated 
with  the  President  by  way  of  exception,  and  cannot,  tJierefore, 
claim  beyond  the  exception.  This  construction  has  its  inconveni- 
ences, particularly  in  referring  too  much  to  a  single  discretion; 
but  it  is  checked  by  the  elective  character  of  the  Executive,  his 
being  impeachable  at  all  times,  and  the  subordinate  officers 
being  also  impeachable.  His  power  under  this  construction  will 
be  merely  in  a  capacity  to  remove  worthy  officers;  but  experi- 
ence shews  that  this  is  not  the  prevailing  evil,  the  continuance 
of  the  unworthy  being  the  most  so.  Add  to  this  that  his  ca- 
price would  be  restrained  by  the  necessity  of  the  Senate's  con- 
currence in  supplying  the  vacancy;  and  that  injured  merit  would 
be  supported  by  the  public  opinion,  would  attack  with  proba- 
bility of  success  the  re-election  of  the  President,  and  would  at 
least  be  able  to  make  a  party  against  him  in  the  Legislature, 
and  go  into  one  or  other  of  its  branches  to  plague  his  adminis- 
tration. High  as  the  existing  President  stands,  I  question 
whether  it  would  be  very  safe  for  him  even  not  to  reinstate  Jay 


1789.  LETTERS.  477 

or  Knox,  &c.  On  the  contrary  construction  the  Senate  must 
sit  constantly;  officers  would  make  parties  there  to  support  them 
against  the  President,  and,  by  degrees,  the  Executive  power 
would  slide  into  one  branch  of  the  Legislature;  on  the  most 
favorable  supposition  it  would  be  a  two-headed  monster. 

Excuse  the  scrawl,  which  a  moment  only  has  permitted,  the 
hour  of  the  mail  being  come. 

Most  truly. 


TO  EDMU1TO   PENDLETON. 

NEW  YORK,  June  21,  1789. 

DEAR  SIR, — The  last  favor  for  which  I  am  to  thank  you  is 
of  June  9th.  For  some  time  past  I  have  been  obliged  to  con- 
tent myself  with  inclosing  you  the  newspapers.  In  general,  they 
give,  though  frequently  erroneous  and  sometimes  perverted,  yet, 
on  the  whole,  fuller  accounts  of  what  is  going  forward  than 
could  be  put  into  a  letter.  The  papers  now  covered  contain  a 
sketch  of  a  very  interesting  discussion  which  consumed  great 
part  of  the  past  week.  The  Constitution  has  omitted  to  declare 
expressly  by  what  authority  removals  from  office  are  to  be  made. 
Out  of  this  silence,  four  constructive  doctrines  have  arisen:  1. 
That  the  power  of  removal  may  be  disposed  of  by  the  Legisla- 
tive discretion.  To  this  it  is  objected  that  the  Legislature 
might  then  confer  it  on  themselves,  or  even  on  the  House  of 
Representatives,  which  could  not  possibly  have  been  intended 
by  the  Constitution.  2.  That  the  power  of  removal  can  only 
be  exercised  in  the  mode  of  impeachment.  To  this  the  objec- 
tion is  that  it  would  make  officers  of  every  description  hold 
their  places  during  good  behaviour,  which  could  have  still  less 
been  intended.  3.  That  the  power  of  removal  is  incident  to  the 
power  of  appointment.  To  this  the  objections  are  that  it  would 
require  the  constant  session  of  the  Senate;  that  it  extends  the 
mixture  of  Legislative  and  Executive  power;  that  it  destroys 
the  responsibility  of  the  President,  by  enabling  a  subordinate 


478  WORKS    OF    MADISON.  1789. 

Executive  officer  to  intrench  himself  behind  a  party  in  the  Sen- 
ate, and  destroys  the  utility  of  the  Senate  in  their  Legislative 
and  Judicial  characters,  by  involving  them  too  much  in  the 
heats  and  cabals  inseparable  from  questions  of  a  personal  na- 
ture; in  fine,  that  it  transfers  the  trust  in  fact  from  the  Presi- 
dent, who,  being  at  all  times  impeachable,  as  well  as  every  fourth 
year  eligible  by  the  people  at  large,  may  be  deemed  the  most 
responsible  member  of  the  Government,  to  the  Senate;  which, 
from  the  nature  of  that  institution,  is  and  was  meant,  after  the 
Judiciary,  and  in  some  respects  without  that  exception,  to  be 
the  most  irresponsible  branch  of  the  Government.  4.  That  the 
Executive  power  being  in  general  terms  vested  in  the  President, 
all  power  of  an  Executive  nature  not  particularly  taken  away 
must  belong  to  that  department;  that  the  power  of  appointment 
only  being  expressly  taken  away,  the  power  of  removal,  so  far 
as  it  is  of  an  Executive  nature,  must  be  reserved.  In  support 
of  this  construction  it  is  urged  that  exceptions  to  general  posi- 
tions are  to  be  taken  strictly,  and  that  the  axiom  relating  to 
the  separation  of  the  Legislative  and  Executive  functions  ought 
to  be  favored.  To  this  are  objected  the  principle  on  which  the 
3d  construction  is  founded,  and  the  danger  of  creating  too  much 
influence  in  the  Executive  Magistrate. 

The  last  opinion  has  prevailed,  but  is  subject  to  various  mod- 
ifications, by  the  power  of  the  Legislature  to  limit  the  duration 
of  laws  creating  offices,  or  the  duration  of  the  appointments  for 
filling  them,  and  by  the  power  over  the  salaries  and  appropria- 
tions. In  truth,  the  Legislative  power  is  of  such  a  nature  that 
it  scarcely  can  be  restrained,  either  by  the  Constitution  or  by 
itself;  and  if  the  federal  Government  should  lose  its  proper 
equilibrium  within  itself,  I  am  persuaded  that  the  effect  will 
proceed  from  the  encroachments  of  the  Legislative  department. 
If  the  possibility  of  encroachments  on  the  part  of  the  Executive 
or  the  Senate  were  to  be  compared,  I  should  pronounce  the  dan- 
ger to  lie  rather  in  the  latter  than  the  former.  The  mixture 
of  Legislative,  Executive,  and  Judiciary  authorities,  lodged  in 
that  body,  justifies  such  an  inference;  at  the  same  time,  I  am 
fully  in  the  opinion  that  the  numerous  and  immediate  repre- 


1789.  LETTERS.  479 

sentatives  of  the  people  composing  the  other  House  will  de- 
cidedly predominate  in  the  Government. 

Mr.  Page  tells  me  he  has  forwarded  to  you  a  copy  of  the 
amendments  lately  submitted  to  the  House  of  Representatives. 
They  are  restrained  to  points  on  which  least  difficulty  was  ap- 
prehended. Nothing  of  a  controvertible  nature  ought  to  be 
hazarded  by  those  who  are  sincere  in  wishing  for  the  approba- 
tion of  §  of  each  House,  and  |  of  the  State  Legislatures. 


TO  EDMUND   RANDOLPH. 

NEW  YORK,  June  24,  1789. 

MY  DEAR  FRIEND, — My  last  stated  a  question  relating  to  the 
power  of  removal  from  offices  then  on  the  anvil  of  the  House 
of  Representatives.  I  now  inclose  the  discussions,  as  conveyed 
to  the  public  thro'  the  newspapers.  It  is  not  necessary  to  ap- 
prize you  that  the  reasonings  on  both  sides  are  mutilated,  often 
misapprehended,  and  not  unfrequently  reversed.  You  will  per- 
ceive yourself  that  much  of  the  reasoning  is  also  founded  on  a 
misconception  of  the  ideas  of  the  adverse  side. 

Mr.  Jefferson  has  at  length  obtained  formal  leave  to  visit 
his  own  country.  Mr.  Short  is  to  be  charged  with  the  affairs 
of  the  United  States  in  his  absence. 

.The  President  has  been  ill,  but  is  now  in  a  safe  way.  His 
fever  terminated  in  an  abscess,  which  was  itself  alarming,  but 
has  been  opened  with  success,  and  the  alarm  is  now  over.  His 
death,  at  the  present  moment,  would  have  brought  on  another 
crisis  in  our  affairs. 

Yrs  most  truly. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  June  30,  1789. 

DEAR  SIR, — By  this  conveyance  you  will  receive  permission, 
through  Mr.  Jay,  to  make  your  proposed  visit  to  America.    I 


480  WORKS    OF    MADISON.  1789. 

fear  it  will  not  reach  you  in  time  for  your  arrival  here  before 
the  commencement  of  the  windy  season;  yet  I  hope  the  delay 
will  not  oblige  you  to  postpone  your  voyage  till  the  Spring. 

The  federal  business  has  proceeded  with  a  mortifying  tardi- 
ness, chargeable  in  part  on  the  incorrect  draughts  of  committees, 
and  the  prolixity  of  discussion  incident  to  a  public  body,  every 
member  of  which  almost  takes  a  positive  agency,  but  princi- 
pally resulting  from  the  novelty  and  complexity  of  the  subjects 
of  Legislation.  We  are  in  a  wilderness,  without  a  single  foot- 
step to  guide  us.  Our  successors  will  have  an  easier  task,  and 
by  degrees  the  way  will  become  smooth,  short,  and  certain. 

My  last  informed  you  of  some  of  the  difficulties  attending  a 
regulation  of  the  duties.  The  bill  on  that  subject  has  at  length 
received  the  fiat  of  both  Houses,  and  will  be  forthwith  made  a 
law  by  the  concurrence  of  the  President.  The  rates  are  not 
precisely  on  the  scale  first  settled  by  the  House  of  Representa- 
tives. The  most  material  change  is  in  the  articles  of  rum  and 
molasses.  The  necessity  of  preserving  a  certain  ratio  between 
them  is  obvious.  The  ratio  sent  to  the  Senate  was  that  of  12 
cents  on  the  former,  and  5  do.  on  the  latter.  The  Senate 
returned  them  in  the  ratio  of  8  and  2J,  which  has,  after  a  con- 
ference, prevailed. 

The  Senate  has  prevailed  on  another  point  in  the  bill,  which 
had  undergone  more  discussion,  and  produced  more  difficulty. 
It  had  been  proposed  by  the  House  of  Representatives  that, 
besides  a  discrimination  in  the  tonnage,  a  small  reduction  should 
be  made  in  the  duty  on  distilled  spirits  imported  from  countries 
in  Treaty  with  the  United  States.  The  Senate  were  opposed  to 
any  discrimination  whatsoever,  contending  that  even  Great 
Britain  should  stand  on  the  same  footing  with  the  most  favored 
nations.  The  arguments  on  that  side  of  the  question  were  that 
the  United  States  were  not  bound  by  treaty  to  give  any  com- 
mercial preferences  to  particular  nations;  that  they  were  not 
bound  by  gratitude,  since  our  allies  had  been  actuated  by  their 
own  interest,  and  had  obtained  their  compensation  in  the  dis- 
memberment of  a  rival  empire;  that  in  national,  and  particularly 
in  commercial  measures,  gratitude  was,  moreover,  no  proper 


1789.  LETTEES.  481 

motive,  interest  alone  being  the  Statesman's  guide;  that  Great 
Britain  made  no  discrimination  against  the  United  States  com- 
pared with  other  nations,  but,  on  the  contrary,  distinguished 
them  by  a  number  of  advantages;  that  if  Great  Britain  pos- 
sessed almost  the  whole  of  our  trade,  it  proceeded  from  causes 
which  proved  that  she  could  carry  it  on  for  us  on  better  terms 
than  the  other  nations  of  Europe;  that  we  were  too  dependent 
on  her  trade  to  risk  her  displeasure  by  irritating  measures, 
which  might  induce  her  to  put  us  on  a  worse  footing  than  at 
present;  that  a  small  discrimination  could  only  irritate,  without 
operating  on  her  interests  or  fears;  that  if  anything  were  done 
it  would  be  best  to  make  a  bolder  stroke  at  once,  and  that,  in 
fact,  the  Senate  had  appointed  a  committee  to  consider  the  sub- 
ject in  that  point  of  view.  On  the  other  side,  it  was  contended 
that  it  would  be  absurd  to  give  away  everything  that  could 
purchase  the  stipulations  wanted  by  us;  that  the  motives  in 
which  the  new  Government  originated,  the  known  sentiments 
of  the  people  at  large,  and  the  laws  of  most  of  the  States  sub- 
sequent to  the  peace,  shewed  clearly  that  a  distinction  between 
nations  in  Treaty  and  nations  not  in  Treaty  would  coincide 
with  the  public  opinion,  and  that  it  would  be  offensive  to  a 
great  number  of  citizens  to  see  Great  Britain,  in  particular, 
put  on  the  footing  of  the  most  favored  nations,  by  the  first  act 
of  a  Government  instituted  for  the  purpose  of  uniting  the  States 
in  the  vindication  of  their  commercial  interests  against  her 
monopolizing  regulations;  that  this  respect  to  the  sentiments 
of  the  people  was  the  more  necessary  in  the  present  critical 
state  of  the  Government;  that  our  trade  at  present  entirely 
contradicted  the  advantages  expected  from  the  Revolution,  no 
new  channels  being  opened  with  other  European  nations,  and 
the  British  channels  being  removed  by  a  refusal  of  the  most 
natural  and  valuable  one  to  the  United  States;*  that  this  evil 
proceeded  from  the  deep  hold  the  British  monopoly  had  taken 
of  our  country,  and  the  difficulty  experienced  by  France,  Hol- 
land, &c.,  in  entering  into  competition  with  her;  that  in  order 

*  With  the  West  Indies. 
VOL.   I.  31 


482  WORKS    OF    MADISON.  1789. 

to  break  this  monopoly,  those  nations  ought  to  be  aided  till 
they  could  contend  on  equal  terms;  that  the  market  of  France 
was  particularly  desirable  to  us;  that  her  disposition  to  open  it 
would  depend  on  the  disposition  manifested  on  our  part,  <fcc., 
&c.;  that  our  trade  would  not  be  in  its  proper  channels  until  it 
should  flow  directly  to  the  countries  making  the  exchange,  in 
which  case,  too,  American  vessels  would  have  a  due  share  in 
the  transaction,  whereas  at  present  the  whole  carriage  of  our 
bulky  produce  is  confined  to  British  Bottoms;  that  with  respect 
to  Great  Britain,  we  had  good  reason  to  suppose  that  her  con- 
duct would  be  regulated  by  the  apparent  temper  of  the  new 
Government;  that  a  passiveness  under  her  restrictions  would 
confirm  her  in  them,  whilst  an  evidence  of  intention  as  well  as 
ability  to  face  them  would  ensure  a  reconsideration  of  her 
policy;  that  it  would  be  sufficient  to  begin  with  a  moderate  dis- 
crimination, exhibiting  a  readiness  to  invigorate  our  measures 
as  circumstances  might  require;  that  we  had  no  reason  to 
apprehend  a  disposition  in  Great  Britain  to  resort  to  a  com- 
mercial contest,  or  the  consequences  of  such  an  experiment,  her 
dependence  on  us  being  greater  than  ours  on  her.  The  supplies 
of  the  United  States  are  necessary  to  the  existence,  and  their 
market  to  the  value,  of  her  islands.  The  returns  are  either 
superfluities  or  poisons.  In  time  of  famine,  the  cry  of  which  is 
heard  every  three  or  four  years,  the  bread  of  the  United  States 
is  essential.  In  time  of  war,  which  is  generally  decided  in  the 
West  Indies,  friendly  offices,  not  violating  the  duties  of  neutral- 
ity, might  effectually  turn  the  scale  in  favor  of  an  adversary. 
In  the  direct  trade  with  Great  Britain,  the  consequences  ought 
to  be  equally  dreaded  by  her.  The  raw  and  bulky  exports  of 
the  United  States  employ  her  shipping,  contribute  to  her  reve- 
nue, enter  into  her  manufactures,  and  enrich  her  merchants,  who 
stand  between  the  United  States  and  the  consuming  nations  of 
Europe.  A  suspension  of  the  intercourse  would  suspend  all 
these  advantages,  force  the  trade  into  rival  channels  from  which 
it  might  not  return,  and  besides  a  temporary  loss  of  a  market 
for  |  of  her  exports,  hasten  the  establishment  of  manufactures 
here,  which  would  so  far  cut  off  the  market  forever.  On  the 


1789.  LETTERS.  483 

other  side,  the  United  States  would  suffer  but  little.  The  man- 
ufactures of  Great  Britain,  as  far  as  desirable,  would  find  their 
way  through  other  channels,  and  if  the  price  were  a  little  aug- 
mented it  would  only  diminish  an  excessive  consumption.  They 
could  do  almost  wholly  without  such  supplies,  and  better  with- 
out than  with  many  of  them.  In  one  important  view  the  con- 
test would  be  particularly  in  their  favor.  The  articles  of 
luxury,  a  privation  of  which  would  be  salutary  to  them,  being 
the  work  of  the  indigent,  may  be  regarded  as  necessaries  to  the 
manufacturing  party:  that  it  was  probable  nothing  would  be 
done  at  this  session,  if  at  all,  in  the  way  projected  in  the  Senate; 
and  in  case  a  discord  of  opinion  as  to  the  mode,  the  degree,  and 
the  time  of  our  regulations  should  become  apparent,  an  argu- 
ment would  be  drawn  from  it  in  favor  of  the  very  policy 
hitherto  pursued  by  Great  Britain.  The  event  of  the  tonnage 
bill,  in  which  the  discrimination  was  meant  to  be  most  insisted 
on  by  the  House  of  Representatives,  is  not  yet  finally  decided. 
But  here,  also,  the  Senate  will  prevail.  It  was  determined  yes- 
terday in  that  House  to  adhere  to  their  amendment  for  striking 
out  the  clause,  and  there  is  no  reason  to  suppose  that  the  other 
House  will  let  the  Bill  be  lost.  I  mentioned  in  my  last  that 
both  the  Senators  of  Virginia  were  for  admitting  Britain  to  an 
equality  with  the  most  favored  nation.  This  was  a  mistake  as 
to  Grayson. 

The  other  bills  depending  relate  to  the  collection  of  the  Im- 
post, and  the  establishment  of  a  war,  foreign,  and  Treasury 
Department.  The  bills  on  the  two  first  of  these  departments 
have  passed  the  House  of  Representatives,  and  are  before  the 
Senate.  They  gave  birth  to  a  very  interesting  constitutional 
question — by  what  authority  removals  from  office  were  to  be 
made.  The  Constitution  being  silent  on  the  point,  it  was  left 
to  construction.  Four  opinions  were  advanced:  1.  That  no 
removal  could  be  made  but  by  way  of  impeachment.  To  this 
it  was  objected  that  it  gave  to  every  officer,  down  to  tide  waiters 
and  tax  gatherers,  the  tenure  of  good  behaviour.  2.  That  it  de- 
volved on  the  Legislature,  to  be  disposed  of  as  might  be  proper. 
To  this  it  was  objected  that  the  Legislature  might  then  dispose 


484  WORKS    OF    MADISON. 

of  it  to  be  exercised  by  themselves,  or  even  by  the  House  of 
Representatives.  3.  That  it  was  incident  to  the  power  of  ap- 
pointment, and  therefore  belonged  to  the  President  and  Senate. 
To  this  it  was  said  that  the  Senate,  being  a  Legislative  body, 
could  not  be  considered  in  an  Executive  light  farther  than  was 
expressly  declared;  that  such  a  construction  would  transfer  the 
trust  of  seeing  the  laws  duly  executed  from  the  President,  the 
most  responsible,  to  the  Senate,  the  least  responsible  branch  of 
the  Government;  that  officers  would  intrench  themselves  behind 
a  party  in  the  Senate,  bid  defiance  to  the  President,  and  intro- 
duce anarchy  and  discord  into  the  Executive  Department;  that 
the  Senate  were  to  be  Judges  in  case  of  impeachment,  and  ought 
not,  therefore,  to  be  previously  called  on  for  a  summary  opinion 
on  questions  of  removal;  that  in  their  Legislative  character  they 
ought  to  be  kept  as  cool  and  unbiased  as  possible,  as  the  con- 
stitutional check  on  the  passions  and  parties  of  the  other  House, 
and  should,  for  that  reason  also,  be  as  little  concerned  as  pos- 
sible in  those  personal  matters,  which  are  the  great  source  of 
factious  animosities.  4.  That  the  Executive  power  being  gen- 
erally vested  in  the  President,  and  the  Executive  function  of 
removal  not  expressly  taken  away,  it  remained  with  the  Presi- 
dent. To  this  was  objected  the  rule  of  construction  on  which 
the  third  opinion  rested,  and  the  danger  of  creating  too  much 
weight  in  the  Executive  scale.  After  very  long  debates,  the 
4th  opinion  prevailed,  as  most  consonant  to  the  text  of  the  Con- 
stitution, to  the  policy  of  mixing  the  Legislative  and  Executive 
Departments  as  little  as  possible,  and  to  the  requisite  responsi- 
bility and  harmony  in  the  Executive  Department.  What  the 
decision  of  the  Senate  will  be  cannot  yet  be  even  conjectured. 
As  soon  as  the  bills  are  passed,  Mr.  Jay  and  General  Knox  will 
of  course  have  their  commissions  renewed. 

The  bill  relating  to  the  Treasury  Department  is  still  before 
the  House  of  Representatives.  The  Board  will  be  discontin- 
ued, but  the  business  will  be  so  arranged  as  to  make  the  comp- 
troller and  other  officers  checks  on  the  Head  of  the  Depart- 
ment. It  is  not  clear  who  this  will  be.  The  members  of  Con- 
gress are  disqualified.  Hamilton  is  most  talked  of. 


1789.  LETTERS.  485 

The  Senate  have  in  hand  a  bill  for  the  Judiciary  Department. 
It  is  found  a  pretty  arduous  task,  and  will  probably  be  long  on 
its  way  through  the  two  Houses. 

Inclosed  is  a  copy  of  sundry  amendments  to  the  Constitution 
lately  proposed  in  the  House  of  Representatives.  Every  thing 
of  a  controvertible  nature  that  might  endanger  the  concurrence 
of  two-thirds  of  each  House  and  three-fourths  of  the  States  was 
studiously  avoided.  This  will  account  for  the  omission  of  sev- 
eral amendments  which  occur  as  proper.  The  subject  will  not 
be  taken  up  till  the  revenue  and  Department  bills  are  passed. 

The  President  has  been  ill.  His  fever  terminated  in  a  large 
anthrax  on  the  upper  end  of  his  thigh,  which  is  likely  to  con- 
fine him  for  some  time.  Wishing  you  an  expeditious  and  safe 
passage  across  the  Atlantic,  I  am,  my  dear  Sir,  yours,  &c. 


TO    COL.   JAMES   MADISON. 

NEW  YORK,  July  5th,  1789. 

HON.  SIE, — The  last  letter  from  my  brother  A.  left  me  in 
much  anxiety  for  the  state  of  my  mother's  health.  I  have  ven- 
tured to  hope,  from  the  silence  which  has  followed,  that  she  has 
been  on  the  recovery.  I  wish  much  to  hear  oftener  from  the 
family  than  I  do,  and  would  set  the  example  if  other  occupa- 
tions, and  particularly  a  very  extensive  correspondence,  would 
permit. 

The  business  goes  on  still  very  slowly.  We  are  in  a  wilder- 
ness, without  a  single  footstep  to  guide  us.  It  is  consequently 
necessary  to  explore  the  way  with  great  labour  and  caution. 
Those  who  may  follow  will  have  an  easier  task.  The  Bills  im- 
posing duties  on  imports  and  tonnage  have  at  length  got  through 
both  Houses.  The  question  whether  a  distinction  should  be 
made  between  Nations  in  Treaty  and  those  not  in  Treaty  was 
finally  settled  in  the  negative;  so  that  Great  Britain  is,  in  fact, 
put  on  the  same  footing  with  the  most  favored  nation,  although 
she  has  shewn  no  disposition  to  treat  with  the  'United  States, 
and  will  probably  be  confirmed  by  such  a  measure  in  the  belief 


486  WORKS    OF  -MADISON.  1789. 

that  America,  even  if  under  a  United  Government,  would  be 
unable  to  unite  her  counsels  on  this  subject.  The  discrimina- 
tion was  struck  out  of  the  Bills  in  consequence  of  the  refusal 
of  the  Senate  to  agree  to  the  bills  on  other  terms.  They  urged, 
in  a  conference  between  Committees  from  the  two  Houses  on 
the  subject,  that  something  more  efficacious  was  necessary  in 
order  to  counter-work  the  restrictions  of  Great  Britain;  and 
that  they  had  accordingly  appointed  a  committee  for  the  pur- 
pose of  devising  such  a  plan.  It  is  very  doubtful,  however, 
whether  it  will  come  to  anything,  and  whether  a  more  moderate 
mode  of  shewing  a  determination  in  the  new  government  to  vin- 
dicate our  commercial  interests  would  not  have  answered  every 
purpose  that  can  be  answered  at  all.  If  anything  should  be 
done  on  the  plan  of  the  Senate,  it  will  probably  consist  of  regu- 
lations founded  on  the  principle  of  the  British  navigation  act, 
which  will  disable  her  vessels  from  bringing  to  this  country  any 
articles  not  the  growth  or  manufacture  of  Great  Britain,  and 
embarrass  her  West  Indies  until  the  trade  to  them  shall  be 
opened  to  American  as  it  is  to  British  vessels.  Bills  for  estab- 
lishing the  several  Departments  of  war,  finance,  and  foreign 
affairs,  have  passed  the  House  of  Representatives,  and  are  be- 
fore the  Senate.  The  bills  for  collecting  the  Impost  and  regu- 
lating the  coasting  trade  are  still  before  the  House  of  Repre- 
sentatives, but  will  be  pushed  through  as  fast  as  their  length 
and  importance  will  permit. 

The  subject  of  amendments  to  the  Constitution  will  not  be 
resumed  till  the  revenue  matters  are  over.  I  hope  it  will  then 
be  duly  attended  to,  and  will  end  in  such  a  rcommendation  as 
will  satisfy  moderate  opponents.  This,  however,  is  but  opinion, 
nothing  having  passed  from  which  any  conclusion  can  be  drawn 
with  regard  to  the  sentiments  of  the  two  Houses,  particularly 
the  Senate. 

With  the  most  dutiful  regards,  I  am,  your  affectionate  Son. 


1789.  LETTERS.  487 

TO  EDMUND   PENDLETON. 

NEW  YORK,  July  15,  1789. 

BEAR  SIR, — I  am  particularly  obliged  by  your  favor  of  the 
3d,  which  incloses  your  remarks  on  the  Judiciary  bill.  It  came 
to  hand  yesterday  only,  and  I  have  not  had  time  to  compare 
your  suggestions  with  the  plan  of  the  Senate;  nor  do  I  know 
the  alterations  which  may  have  taken  place  in  it  since  it  has 
been  under  discussion.  In  many  points,  even  supposing  the 
outline  a  good  one,  which  I  have  always  viewed  as  controverti- 
ble,  defects  and  inaccuracies  were  striking. 

It  gives  me  much  pleasure  to  find  your  approbation  given  to 
the  decision  of  the  House  of  Representatives  on  the  power  of 
removal.  This  appears  to  be  the  case  with  several  of  our 
friends  in  Virginia,  of  whose  sentiments  I  had  formed  other 
conjectures.  I  was  apprehensive  that  the  alarms  with  regard 
to  the  danger  of  Monarchy  would  have  diverted  their  attention 
from  the  impropriety  of  transferring  an  Executive  trust  from 
the  most  to  the  least  responsible  member  of  the  Government. 
Independently  of  every  other  consideration,  the  primary  objects 
on  which  the  Senate  are  to  be  employed  seem  to  require  that 
their  executive  agency  should  not  be  extended  beyond  the  min- 
imum that  will  suffice.  As  the  Judiciary  tribunal  which  is  to 
decide  on  impeachments,  they  ought  not  to  be  called  on  pre- 
viously for  a  summary  opinion  on  cases  which  may  come  before 
them  in  another  capacity;  and  both  on  that  account,  and  the 
necessity  of  keeping  them  in  a  fit  temper  to  controul  the  capri- 
cious and  factious  counsels  of  the  other  Legislative  branch,  they 
ought  to  be  as  little  as  possible  involved  in  those  questions  of 
a  personal  nature,  which,  in  all  Governments,  are  the  most  fre- 
quent and  violent  causes  of  animosity  and  party. 

You  will  find  in  one  of  the  inclosed  papers  the  act  imposing 
duties,  as  it  finally  passed.  The  collection  bill  has  passed  the 
House  of  Representatives,  and  awaits  the  last  hand  of  the  Sen- 
ate. It  is  very  long,  and  has  cost  much  trouble  in  adjusting 
the  regulations  to  the  various  geographical  and  other  circum- 
stances of  the  States.  It  is  in  many  respects  inaccurate  and 


488  WORKS    OF    MADISON.  1789. 

deficient,  but  may  do  to  begin  with.  We  have  endeavored  to 
make  the  part  relating  to  Virginia  a  little  more  palatable  than 
the  late  State  laws.  On  Rappahannock,  vessels  are  to  report 
at  Urbanna,  enter  at  Hobbshole,  and  deliver  at  any  of  the  ports, 
including  Fredericksburg  and  Port  Royal,  and  foreign  as  well 
as  American  vessels.  The  like  on  the  other  rivers. 

To  secure  the  opportunity  by  this  mail,  I  must  hasten  my  as- 
surances that  I  am,  dear  sir,  yours  affectionately. 


TO  EDMUND   RANDOLPH. 

NEW  YORK,  July  15,  1789. 

MY  DEAR  FRIEND, — I  have  been  favored  with  yours  of  the 
30th  ultimo,  and  thank  you  for  your  remarks  on  the  Judiciary 
bill. 

I  am  glad  to  find  you  concurring  in  the  decision  as  to  the 
power  of  removal.  It  seems  to  meet  with  general  approbation 
North  of  Virginia,  and  there,  too,  as  far  as  I  yet  learn.  Mr. 
Pendleton  is  fully  in  opinion  with  you.  So  is  Monroe,  I  am 
told.  The  more  the  question  is  weighed  the  more  proper  I  think 
it  will  be  found  to  reduce  the  ex-agency  of  the  Senate  to  the 
very  minimum  that  will  satisfy  the  Constitution.  To  say  noth- 
ing of  their  being  the  least  responsible  member  of  the  Govern- 
ment, the  nature  of  their  other  functions  forbids  an  extension 
of  their  executive.  As  a  judiciary  body  for  impeachments,  they 
ought  not  to  be  called  on  for  a  summary  opinion  in  cases  that 
may  come  judicially  before  them;  and  as  a  controul  on  the  pas- 
sions of  the  House  of  Representatives,  they  ought  to  have  as 
little  as  possible  to  do  with  those  personal  questions,  which  are 
sources  in  all  Governments  of  the  most  frequent  and  violent 
animosities  and  factions.  The  Senate  have  not  yet  declared 
themselves  on  the  question.  The  event  there  is  doubtful. 

You  will  find  among  the  enclosed  papers  the  impost  act,  as  it 
finally  passed.  The  Collection  Bill  is  gone  to  the  Senate.  It 
is  very  long,  has  cost  a  great  deal  of  trouble,  and  is  by  no  means 


1789.  LETTERS.  489 

in  a  very  correct  state.  It  will  do  only  to  begin  with.  We  en- 
deavored to  make  the  regulations  for  Virginia  more  palatable 
than  the  State  laws,  by  relaxing  the  plan  of  the  port  Bills. 

Adieu. 


TO  JAMES  MONROE. 

NEW  YORK,  August  9,  1789. 

DEAR  Sm—  ******* 
Your  ideas  on  the  proposed  discrimination  between  foreign 
Nations  coincide,  I  perceive,  exactly  with  those  which  have 
governed  me.  The  Senate  did  not  allow  that  no  effort  should 
be  made  for  vindicating  our  commercial  interests,  but  argued 
that  a  more  effectual  mode  should  be  substituted.  A  committee 
was  appointed  in  that  branch  to  report  such  a  mode.  The  re- 
port made  is  founded  on  something  like  a  retort  of  her  restric- 
tions in  the  West  India  channels.  It  is  now  said  that  as  the 
measure  would  involve  an  imposition  of  extraordinary  duties, 
the  Senate  cannot  proceed  in  it.  Mr.  Gerry,  alluding  to  these 
circumstances,  moved  two  days  ago  for  a  bill  giving  further 
encouragement  to  trade  and  navigation,  and  obtained  a  com- 
mittee for  the  purpose.  What  will  be  the  result  is  uncertain. 
If  the  attempt,  added  to  what  has  passed,  should,  as  it  probably 
will,  be  made  known  abroad,  it  may  lead  to  apprehensions  that 
may  be  salutary. 

The  attention  of  the  House  of  Representatives  for  some  days 
has  been  confined  to  the  subject  of  compensations.  The  bill  is 
at  length  brought  into  its  final  shape.  Much  discussion  took 
place  on  the  quantum  for  the  members  of  Congress,  and  the 
question  whether  it  should  be  the  same  for  both  Houses.  My 
own  opinion  was  in  favor  of  a  difference,  founded  on  a  reduction 
of  the  sum  proposed  with  regard  to  the  House  of  Representa- 
tives, and  an  augmentation  as  to  the  Senate.  As  no  difference 
took  place,  the  case  of  the  Senate,  and  of  the  members  from  S. 
Carolina  and  Georgia,  had  real  weight  against  a  lesser  sum 


490  WORKS    OF    MADISON.  1789. 

than  6  dollars,  which  I  own  is  higher  than  I  had  contemplated 
for  the  House  of  Representatives,  and  which  I  fear  may  excite 
criticisms  not  to  be  desired  at  the  present  moment. 

Yesterday  was  spent  on  a  Message  from  the  President  rela- 
tive to  Indian  affairs,  and  the  Militia  Bills  are  ordered,  provi- 
ding for  a  Treaty  with  the  hostile  Tribes,  and  for  regulating 
the  Militia.  The  latter  is  an  arduous  task,  and  will  probably 
not  be  compleated  at  this  Session. 


TO  EDMUND   RANDOLPH. 

NEW  YORK,  August  21,  1789. 

MY  DEAR  FRIEND, — For  a  week  past  the  subject  of  amend- 
ments has  exclusively  occupied  the  House  of  Representatives. 
Its  progress  has  been  exceedingly  wearisome,  not  only  on  ac- 
count of  the  diversity  of  opinions  that  was  to  be  apprehended, 
but  of  the  apparent  views  of  some  to  defeat,  by  delaying,  a  plan 
short  of  their  wishes,  but  likely  to  satisfy  a  great  part  of  their 
companions  in  opposition  throughout  the  Union.  It  has  been 
absolutely  necessary,  in  order  to  effect  anything,  to  abbreviate 
debate,  and  exclude  every  proposition  of  a  doubtful  and  unim- 
portant nature.  Had  it  been  my  wish  to  have  comprehended 
every  amendment  recommended  by  Virginia,  I  should  have  acted 
from  prudence  the  very  part  to  which  I  have  been  led  by  choice. 
Two  or  three  contentious  additions  would  even  now  prostrate 
the  whole  project. 

The  Judiciary  bill  was  put  off  in  favor  of  the  preceding  sub- 
ject. It  was  evident  that  a  longer  delay  of  that  would  prevent 
any  decision  on  it  at  this  Session.  A  push  was  therefore  made, 
which  did  not  succeed  without  strenuous  opposition.  On  Mon- 
day the  bill  will  probably  be  taken  up,  and  be  pursued  to  a  final 
question  as  fast  as  the  nature  of  the  case  will  allow. 

I  find,  on  looking  over  the  notes  of  your  introductory  dis- 
course in  the  Convention  at  Philadelphia,  that  it  is  not  possible 
for  me  to  do  justice  to  the  substance  of  it.  I  am  anxious,  for 
particular  reasons,  to  be  furnished  with  the  means  of  preserving 


1789.  LETTERS.  491 

this  as  well  as  the  other  arguments  in  that  body,  and  must  beg 
that  you  will  make  out  and  forward  me  the  scope  of  your  rea- 
soning. You  have  your  notes,  I  know,  and  from  these  you  can 
easily  deduce  the  argument  on  a  condensed  plan.  I  make  this 
request  with  an  earnestness  which  will  not  permit  you  either 
to  refuse  or  delay  a  compliance. 


TO  EDKUTSTD   PENDLETON. 

NEW  YORK,  Sept*  14.  1789. 

DEAR  SIR, — I  was  favored  on  Saturday  with  yours  of  the  2d 
instant.  The  Judiciary  is  now  under  consideration.  I  view  it 
as  you  do,  as  defective  both  in  its  general  structure,  and  many 
of  its  particular  regulations.  The  attachment  of  the  Eastern 
members,  the  difficulty  of  substituting  another  plan  with  the 
consent  of  those  who  agree  in  disliking  the  bill,  the  defect  of 
time,  £c.,  will,  however,  prevent  any  radical  alterations.  The 
most  I  hope  is  that  some  offensive  violations  of  Southern  juris- 
prudence may  be  corrected,  and  that  the  system  may  speedily 
undergo  a  reconsideration  under  the  auspices  of  the  Judges,  who 
alone  will  be  able,  perhaps,  to  set  it  to  rights. 

The  Senate  have  sent  back  the  plan  of  amendments  with  some 
alterations,  which  strike,  in  my  opinion,  at  the  most  salutary 
articles.  In  many  of  the  States,  juries,  even  in  criminal  cases, 
are  taken  from  the  State  at  large;  in  others,  from  districts  of 
considerable  extent;  in  very  few  from  the  County  alone.  Hence 
a  dislike  to  the  restraint  with  respect  to  vicinage,  which  has  pro- 
duced a  negative  on  that  clause.  A  fear  of  inconvenience  from 
a  Constitutional  bar  to  appeals  below  a  certain  value,  and  a 
confidence  that  such  a  limitation  is  not  necessary,  have  had  the 
same  effect  on  the  article.  Several  others  have  had  a  similar 
fate.  The  difficulty  of  uniting  the  minds  of  men  accustomed  to 
think  and  act  differently  can  only  be  conceived  by  those  who 
have  witnessed  it.  < 

A  very  important  question  is  depending  on  the  subject  of  a 
permanent  seat  for  the  federal  Government.  Early  in  the  Ses- 


492  WORKS    OF    MADISON.  1789. 

sion  secret  negoeiations  were  set  on  foot  among  the  Northern 
States,  from  Pennsylvania,  inclusively.  The  parties  finally  dis- 
agreeing in  their  arrangements,  both  made  advances  to  the 
Southern  members.  On  the  side  of  New  York  and  New  Eng- 
land, we  were  led  to  expect  the  Susquehannah  within  a  reason- 
able time  if  we  would  sit  still  in  New  York,  otherwise  we  were 
threatened  with  Trenton.  These  terms  were  inadmissible  to 
the  friends  of  Potowmac.  On  the  side  of  Pennsylvania,  who 
was  full  of  distrust  and  animosity  against  New  England  and 
New  York,  the  Potowmac  was  presented  as  the  reward  for  the 
temporary  advantages  if  given  by  the  Southern  States.  Some 
progress  was  made  on  this  ground,  and  the  prospect  became 
flattering,  when  a  reunion  was  produced  among  the  original 
parties  by  circumstances  which  it  would  be  tedious  to  explain. 
The  Susquehannah  has  in  consequence  been  voted.  The  bill  is 
not  yet  brought  in,  and  many  things  may  yet  happen.  We  shall 
parry  any  decision  if  we  can,  though  I  see  little  hope  of  attain- 
ing our  own  object,  the  Eastern  States  being  inflexibly  opposed 
to  the  Potowmac,  and  for  some  reasons  which  are  more  likely 
to  grow  stronger  than  weaker;  and  if  we  are  to  be  placed  on 
the  Susquehannah,  the  sooner  the  better. 


TO  EDMUND   PENDLETON. 

NEW  YORK,  Sept*  23d,  1789. 

DEAR  SIR, — The  pressure  of  unfinished  business  has  suspend- 
ed the  adjournment  of  Congress  till  Saturday  next.  Among  the 
articles  which  required  it  was  the  plan  of  amendments,  on  which 
the  two  Houses  so  far  disagreed  as  to  require  conferences.  It 
will  be  impossible,  I  find,  to  prevail  on  the  Senate  to  concur 
in  the  limitation  on  the  value  of  appeals  to  the  Supreme  Court, 
which  they  say  is  unnecessary,  and  might  be  embarrassing  in 
questions  of  national  or  Constitutional  importance  in  their  prin- 
ciple, though  of  small  pecuniary  amount.  They  are  equally  in- 
flexible in  opposing  a  definition  of  the  locality  of  Juries.  The 
vicinage  they  contend  is  either  too  vague  or  too  strict  a  term; 


1789.  LETTERS.  493 

too  vague  if  depending  on  limits  to  be  fixed  by  the  pleasure  of 
the  law,  too  strict  if  limited  to  the  county.  It  was  proposed  to 
insert  after  the  word  Juries,  "  with  the  accustomed  requisites," 
leaving  the  definition  to  be  construed  according  to  the  judgment 
of  professional  men.  Even  this  could  not  be  obtained.  The 
truth  is,  that  in  most  of  the  States  the  practice  is  different,  and 
hence  the  irreconcileable  difference  of  ideas  on  the  subject.  In 
some  States,  jurors  are  drawn  from  the  whole  body  of  the  com- 
munity, indiscriminately;  in  others,  from  large  districts  com- 
prehending a  number  of  Counties;  and  in  a  few  only  from  a 
single  County.  The  Senate  suppose,  also,  that  the  provision 
for  vicinage  in  the  Judiciary  bill  will  sufficiently  quiet  the 
fears  which  called  for  an  amendment  on  this  point.  On  a  few 
other  points  in  the  plan  the  Senate  refuse  to  join  the  House  of 
Representatives. 

The  bill  establishing  the  permanent  seat  of  Government  has 
passed  the  House  of  Representatives  in  favour  of  the  Susque- 
hannah.  Some  of  the  Southern  members  despaired  so  much  of 
ever  getting  anything  better,  that  they  feil  into  the  majority. 
Even  some  of  the  Virginians  leaned  that  way.  My  own  judg- 
ment was  opposed  to  any  compromise,  on  the  supposition  that 
we  had  nothing  worse  to  fear  than  the  Susquehannah,  and  could 
obtain  that  at  any  time,  either  by  uniting  with  the  Eastern  States 
or  Pennsylvania.  The  bill,  however,  is  by  no  means  sure  of 
passing  the  Senate  in  its  present  form.  It  is  even  possible  that 
it  may  fall  altogether.  Those  who  wish  to  do  nothing  at  this 
time,  added  to  those  who  disapprove  of  the  Susquehannah,  either 
as  too  far  South  or  too  far  North,  or  not  susceptible  of  early 
conveniences  for  the  fiscal  administration,  may  form  a  majority 
who  will  directly  or  indirectly  frustrate  the  measure.  In  case 
of  an  indirect  mode,  some  other  place  will  be  substituted  for 
Susquehannah,  as  Trenton  or  Germantown,  neither  of  which 
can,  I  conceive,  be  effectually  established,  and  either  of  which 
might  get  a  majority  composed  of  sincere  and  insidious  votes. 

The  inclosed  papers  contain  very  interesting  accounts  from 
France.  I  have  a  letter  from  Mr.  Jefferson  of  July  22  and  23, 
confirming  the  substance  of  them.  -The  King  has  thrown  him- 


494  WORKS    OF    MADISON.  1789. 

self  finally  on  his  people,  recalled  Neckar,  dismissed  the  troops, 
and,  in  short,  given  a  Carte  Blanche  to  the  National  Assembly, 
who  are  at  work  in  forming  a  regular  Constitution.  The  tu- 
mults in  Paris  have  been  dreadful,  but  at  the  same  time  mixed 
with  a  steady  attention  to  the  main  object.  The  City  has 
formed  a  Militia  and  put  Fayette  at  the  head,  and  committees 
of  safety  according  to  the  American  model. 


TO   GEOEGE  WASHINGTON. 

ORANGE,  Novr  20,  1789. 

DEAR  SIR, — It  was  my  purpose  to  have  dropped  you  a  few 
lines  from  Philad*,  but  I  was  too  much  indisposed  during  my 
detention  there  to  avail  myself  of  that  pleasure.  Since  my  ar- 
rival here,  I  have  till  now  been  without  a  fit  conveyance  to  the 
Post  office. 

You  will  recollect  the  contents  of  a  letter  shewn  you  from 
Mr.  Innes  to  Mr.  Bf own.  Whilst  I  was  in  Philadelphia  I  was 
informed  by  the  latter,  who  was  detained  there  by  indisposition, 
as  well  as  myself,  that  he  had  received  later  accounts,  tho'  not 
from  the  same  correspondent,  that  the  Spaniards  have  finally 
put  an  entire  stop  to  the  trade  of  our  citizens  down  the  river. 
The  encouragements  to  such  as  settle  under  their  own  Govern- 
ment are  continued. 

A  day  or  two  after  I  got  to  Philadelphia  I  fell  in  with  Mr. 
Morris.  He  broke  the  subject  of  the  residence  of  Congress,  and 
made  observations  which  betrayed  his  dislike  of  the  upshot  of 
the  business  at  N.  York,  and  his  desire  to  keep  alive  the  South- 
ern project  of  an  arrangement  with  Pennsylvania.  I  reminded 
him  of  the  conduct  of  his  State,  and  intimated  that  the  question 
would  probably  sleep  for  some  time  in  consequence  of  it.  His 
answer  implied  that  Congress  must  not  continue  at  N".  York, 
and  that  if  he  should  be  freed  from  his  engagements  with  the 
Eastern  States,  by  their  refusal  to  take  up  the  bill  and  pass  it 
as  it  went  to  the  Senate,  he  should  renounce  all  confidence  in 
that  quarter,  and  speak  seriously  to  the  Southern  States.  I 


1789.  LETTERS.  495 

told  him  they  must  be  spoken  to  very  seriously  after  what  had 
passed,  if  Pennsyl*  expected  them  to  listen  to  her;  that,  indeed^ 
there  was  probably  an  end  to  further  intercourse  on  the  subject. 
He  signified  that,  if  he  should  speak,  it  would  be  in  earnest,  and 
he  believed  that  no  one  would  pretend  that  his  conduct  would 
justify  the  least  distrust  of  his  going  through  with  his  under- 
takings; adding,  however,  that  he  was  determined,  and  accord- 
ingly gave  me,  as  he  had  -given  others,  notice  that  he  should 
call  up  the  postponed  Bill  as  soon  as  Congress  should  be  reas 
sembled.  I  observed  to  him  that  if  it  were  desirable  to  have 
the  matter  revived,  we  could  not  wish  to  have  it  in  a  form  more 
likely  to  defeat  itself.  It  was  unparliamentary,  and  highly  in- 
convenient; and  would  therefore  be  opposed  by  all  candid 
friends  to  his  object  as  an  improper  precedent,  as  well  as  by 
those  who  were  opposed  to  the  object  itself.  And  if  he  should 
succeed  in  the  Senate,  the  irregularity  of  the  proceeding  would 
justify  the  other  House  in  withholding  the  signature  of  its 
Speaker,  so  that  the  Bill  could  never  go  up  to  the  President. 
He  acknowledged  that  the  Bill  could  not  be  got  through  unless 
it  had  a  majority  of  both  Houses  on  its  merits.  Why,  then,  I 
asked,  not  take  it  up  anew?  He  said  he  meant  to  bring  the  gen- 
tlemen who  had  postponed  the  Bill  to  the  point,  acknowledged 
that  he  distrusted  them,  but  held  his  engagements  binding  on 
him  until  this  final  experiment  should  be  made  on  the  respect 
they  meant  to  pay  to  theirs.  I  do  not  think  it  difficult  to  augur 
from  this  conversation  the  views  which  will  govern  Pennsyl*  at 
the  next  Session.  Conversations  held  by  Grayson,  both  with 
Morris  and  others,  in  Philadela,  and  left  by  him  in  a  letter  to 
me,  coincide  with  what  I  have  stated.  An  attempt  will  first 
be  made  to  alarm  N.  York  and  the  Eastern  States  into  the  plan 
postponed,  by  holding  out  the  Potowmac  and  Philad1  as  the  al- 
ternative; and  if  the  attempt  should  not  succeed,  the  alterna- 
tive will  then  be  held  out  to  the  Southern  members.  On  the 
other  hand,  N.  York  and  the  Eastern  States  will  enforce  the 
policy  of  delay  by  threatening  the  Southern  States,  as  heretofore, 
with  Germantown  or  Trenton,  or  at  least  Susquehannah,  and 
will  no  doubt  carry  the  threat  into  execution  if  they  can,  rather 


496  WORKS    OF    MADISON.  1789. 

than  suffer  an  arrangement  to  take  place  between  Pennsyla  and 
the  Southern  States. 

I  hear  nothing  certain  from  the  Assembly.  It  is  said  that 

an  attempt  of  Mr.  H y  to  revive  the  project  of  commutables 

has  been  defeated;  that  the  amendments  (to  the  federal  Consti- 
tution) have  been  taken  up  and  are  likely  to  be  put  off  to  the 
next  Session,  the  present  House  having  been  elected  prior  to 
the  promulgation  of  them.  This  reason  would  have  more  force 
if  the  amendments  did  not  so  much  correspond,  as  far  as  they 
go,  with  the  propositions  of  the  State  Convention,  which  were 
before  the  public  long  before  the  last  election.  At  any  rate, 
the  Assembly  might  pass  a  vote  of  approbation,  along  with  the 
postponement,  and  assign  the  reason  for  referring  the  ratifica- 
tion to  their  successors.  It  is  probable  that  the  scruple  has 
arisen  with  the  disaffected  party.  If  it  be  construed  by  the 
public  into  a  latent  hope  of  some  contingent  opportunity  for  pro- 
moting the  war  against  the  Gen1  Government,  I  am  of  opinion 
the  experiment  will  recoil  on  the  authors.  As  far  as  I  can 
gather,  the  great  bulk  of  the  late  opponents  are  entirely  at  rest, 
and  more  likely  to  censure  a  further  opposition  to  the  Govern- 
ment, as  now  administered,  than  the  Government  itself.  One 
of  the  principal  leaders  of  the  Baptists  lately  sent  me  word  that 
the  amendments  had  entirely  satisfied  the  disaffected  of  his  sect, 
and  that  it  would  appear  in  their  subsequent  conduct. 

I  ought  not  to  conclude  without  some  apology  for  so  slovenly 
a  letter.  I  put  off  writing  it  till  an  opportunity  should  present 
itself,  not  knowing  but  something  from  time  to  time  might  turn 
up  that  would  make  it  less  unworthy  of  your  perusal.  And  it 
has  so  happened  that  the  opportunity  barely  gives  me  time  for 
this  hasty  scrawl. 


TO  GEORGE  WASHINGTON. 

ORANGE,  Dec'  5,  1789. 

DEAR  SIR, — Since  my  last  I  have  been  furnished  with  the 
inclosed  copy  of  the  letter  from  the  Senators  of  this  State  to 


1789.  LETTERS.  497 

its  Legislature.  It  is  well  calculated  to  keep  alive  the  disaffec- 
tion to  the  Government,  and  is  accordingly  applied  to  that  use 
by  violent  partizans.  I  understand  the  letter  was  written  by 
the  first*  subscriber  of  it,  as,  indeed,  is  pretty  evident  from  the 
style  and  strain  of  it.  The  other,f  it  is  said,  subscribed  it  with 
reluctance.  I  am  less  surprised  that  this  should  have  been  the 
case  than  that  he  should  have  subscribed  it  at  all. 

My  last  information  from  Richmond  is  contained  in  the  fol- 
lowing extract  from  a  letter  of  the  28th  of  November,  from  an 
intelligent  member  of  the  House  of  Delegates:  "  The  revenue 
Bill,  which  proposes  a  reduction  of  the  public  taxes  one-fourth 
below  the  last  year's  amount,  is  with  the  Senate.  Whilst  this 
business  was  before  the  House  of  Delegates  a  proposition  was 
made  to  receive  Tobacco  and  Hemp  as  commutables,  which  was 
negatived,  the  House  determining  still  to  confine  the  collection 
to  specie  and  to  specie  warrants.  Two  or  three  petitions  have 
been  presented  which  asked  a  general  suspension  of  executions 
for  twelve  months;  they  were  read,  but  denied  a  reference. 
The  Assembly  have  passed  an  Act  for  altering  the  time  for 
choosing  Representatives  to  Congress,  which  is  now  fixed  to  be 
on  the  third  Monday  in  September,  suspending  the  powers  of 
the  Representative  until  the  February  after  his  election.  This 
change  was  made  to  suit  the  time  of  the  annual  meeting  of 
Congress.  The  fate  of  the  amendments  proposed  by  Congress 
to  the  Gen1  Government  is  still  in  suspense.  In  a  committee 
of  the  whole  House,  the  first  ten  were  acceded  to  with  little 
opposition;  for  on  a  question  taken  on  each  separately,  there 
was  scarcely  a  dissenting  voice.  On  the  two  last  a  debate  of 
some  length  took  place,  which  ended  in  rejection.  Mr.  Edmund 
Randolph,  who  advocated  all  the  others,  stood  on  this  contest 
in  the  front  of  opposition.  His  principal  objection  was  pointed 
against  the  word  'retained,'  in  the  eleventh  proposed  amend- 
ment, and  his  argument,  if  I  understood  it,  was  applied  in  this 
manner:  that  as  the  rights  declared  in  the  first  ten  of  the  pro- 
posed amendments  were  not  all  that  a  free  people  would  require 

*  R.  H.  Lee.  t  Col.  Grayson. 

VOL.  i.  32 


498  WORKS    OF    MADISON.  1789. 

the  exercise  of,  and  that  as  there  was  no  criterion  by  which  it 
could  be  determined  whether  any  other  particular  right  was 
retained  or  not,  it  would  be  more  safe,  and  more  consistent 
with  the  spirit  of  the  1st  and  17th  amendments  proposed  by 
Virginia,  that  this  reservation  against  constructive  power 
should  operate  rather  as  a  provision  against  extending  the 
powers  of  Congress  by  their  own  authority,  than  a  protection 
to  rights  reducible  to  no  definite  certainty.  But  others,  among 
whom  I  am  one,  see  not  the  force  of  this  distinction;  for  by 
preventing  an  extension  of  power  in  that  Body,  from  which 
danger  is  apprehended,  safety  will  be  insured,  if  its  powers  be 
not  too  extensive  already;  and  so,  by  protecting  the  rights  of 
the  people  and  of  the  States,  an  improper  extension  of  power 
will  be  prevented,  and  safety  made  equally  certain.  If  the 
House  should  agree  to  the  Resolution  for  rejecting  the  two  last» 
I  am  of  opinion  it  will  bring  the  whole  into  hazard  again;  as 
some  who  have  been  decided  friends  to  the  ten  first  think  it 
would  be  unwise  to  adopt  them  without  the  11  and  12th. 
Whatever  may  be  the  fate  of  the  amendments  submitted  by 
Congress,  it  is  probable  that  an  application  for  further  amend- 
ments will  be  made  by  this  Assembly;  for  the  opposition  to  the 
Federal  Constitution  is,  in  my  opinion,  reduced  to  a  single 
point — the  power  of  direct  taxation.  Those  who  wish  the 
change  are  desirous  of  repeating  the  application,  while  those 
who  wish  it  not  are  indifferent  on  the  subject,  supposing  that 
Congress  will  not  propose  a  change  which  would  take  from 
them  a  power  so  necessary  for  the  accomplishment  of  those 
objects  which  are  confided  to  their  care.  Mess™  Joseph  Jones 
and  Spencer  Roane  are  appointed  Judges  of  the  General  Court, 
to  fill  the  vacancies  occasioned  by  the  death  of  Mr.  Carey,  and 
the  removal  of  Mr.  Mercer  to  the  Court  of  Appeals." 

The  difficulty  started  against  the  amendments  is  really  un- 
lucky, and  the  more  to  be  regretted  as  it  springs  from  a  friend 
to  the  Constitution.  It  is  a  still  greater  cause  of  regret,  if  the 
distinction  be,  as  it  appears  to  me,  altogether  fanciful.  If  a 
line  can  be  drawn  between  the  powers  granted  and  the  rights 
retained,  it  would  seem  to  be  the  same  thing  whether  the  latter 


1789.  LETTERS.  499 

be  secured  by  declaring  that  they  shall  not  be  abridged,  or  that 
the  former  shall  not  be  extended.  If  no  such  line  can  be  drawn, 
a  declaration  in  either  form  would  amount  to  nothing.  If  the 
distinction  were  just,  it  does  not  seem  to  be  of  sufficient  impor- 
tance to  justify  the  risk  of  losing  the  amendments,  of  furnishing 
a  handle  to  the  disaffected,  and  of  arming,  N.  Carolina  with  a 
pretext,  if  she  be  disposed  to  prolong  her  exile  from  the  Union. 


[Copy  of  a  letter  from  Senators  R.  H.  Lee  and  WiUiam  Gray  son 
to  the  Legise  of  Virga.~] 

NEW  YORK,  Sepf  28,  1789. 

SIE, — We  have  now  the  honor  of  inclosing  the  proposition 
of  amendments  to  the  Constitution  of  the  United  States  that 
has  been  finally  agreed  upon  by  Congress.  We  can  assure  you, 
Sir,  that  nothing  on  our  part  has  been  omitted  to  procure  the 
success  of  those  radical  amendments  proposed  by  the  Conven- 
tion and  approved  by  the  Legislature  of  our  country,  which,  as 
our  Constituent,  we  shall  always  deem  our  duty  with  respect 
and  reverence  to  obey.  The  journal  of  the  Senate,  herewith 
transmitted,  will  at  once  show  how  exact  and  how  unfortunate 
we  have  been  in  this  business.  It  is  impossible  for  us  not  to 
see  the  necessary  tendency  to  consolidated  empire  in  the  natural 
operation  of  the  Constitution,  if  no  further  amended  than  now 
proposed.  And  it  is  equally  impossible  for  us  not  to  be  appre- 
hensive for  Civil  Liberty,  when  we  know  no  instance  in  the 
records  of  History  that  shew  a  people  ruled  in  freedom  when 
subject  to  an  undivided  Government,  and  inhabiting  a  Territory 
so  extensive  as  that  of  the  United  States,  and  when,  as  it  seems 
to  us,  the  nature  of  men  and  things  join  to  prevent  it.  The 
impracticability,  in  such  case,  of  carrying  representation  suffi- 
ciently near  to  the  people  for  procuring  their  confidence,  and 
consequent  obedience,  compels  a  resort  to  fear,  resulting  from 
great  force  and  excessive  power  in  Government.  Confederated 
Republics,  when  the  federal  hand  is  not  possessed  of  absorbing 
power,  may  permit  the  existence  of  freedom,  whilst  it  preserves 


500  WORKS    OF    MADISON.  1790. 

union,  strength,  and  safety.  Such  amendments,  therefore,  as 
may  secure  against  the  annihilation  of  the  State  Governments, 
we  devoutly  wish  to  see  adopted. 

If  a  persevering  application  to  Congress  from  the  States  that 
have  desired  such  amendments  should  fail  of  its  objects,  we  are 
disposed  to  think,  reasoning  from  causes  to  effects,  that  unless 
a  dangerous  apathy  should  invade  the  public  mind,  it  will  not 
be  many  years  before  a  Constitutional  number  of  Legislatures 
will  be  found  to  demand  a  Convention  for  the  purpose.  We 
have  sent  a  complete  set  of  the  Journals  of  each  House  of  Con- 
gress, and  thro'  the  appointed  Channel  will  be  the  Acts  that 
have  passed  this  Session.  In  these  will  be  seen  the  extent  and 
nature  of  the  Judiciary,  the  estimated  expenses  of  the  Govern- 
ment, and  the  means  so  far  adopted  of  defraying  the  latter. 

We  beg,  Sir,  to  be  presented  with  all  duty  to  the  House  of 
Representatives,  and  to  assure  you  that  we  are,  with  every  sen- 
timent of  respect  and  esteem,  Sir,  your  most  obedient  and  very 
humble  servants, 

RICHARD  HENRY   LEE, 
WILLIAM  GRAYSON. 

The  complete  set  of  Journals  is  ordered  to  be  sent  to  each 
State  by  the  respective  Clerks,  with  the  laws.  They  are  not 
now  ready. 


TO   GEORGE  WASHINGTON. 

GEORGETOWN,  Jan?  4,  1790. 

DEAR  SIR, — After  being  detained  8  or  ten  days  beyond  the 
intended  commencement  of  my  journey  by  the  critical  illness 
of  my  mother,  I  am  now  subjected  to  a  further  delay  by  an 
attack  on  my  own  health,  *  *  *  and  shall  be  under  the 
necessity  not  only  of  remaining  here  a  few  days  longer,  but  of 
travelling  afterwards  with  some  circumspection. 

You  will  probably  have  seen  by  the  papers  that  the  contest 
in  the  Assembly  on  the  subject  of  the  amendments  ended  in  the 


1790.  LETTERS.  501 

loss  of  them.  The  House  of  Delegates  got  over  the  objections 
to  the  llth  and  12th,  but  the  Senate  revised  them  with  an 
addition  of  the  3d  and  8th  Articles,  and  by  a  vote  of  adherence 
prevented  a  ratification.  On  some  accounts  this  event  is  no 
doubt  to  be  regretted,  but  it  will  do  no  injury  to  the  Gen1  Govc. 
On  the  contrary,  it  will  have  the  effect  with  many  of  turning 
their  distrust  towards  their  own  Legislature.  The  miscarriage 
of  the  3d  Article,  particularly,  will  have  this  effect. 

A  few  days  before  I  was  allowed  to  set  out  for  New  York,  I 
took  a  ride  to  Monticello.  The  answer  of  Mr.  Jefferson  to  the 
notification  of  his  appointment  will  no  doubt  have  explained 
the  state  of  his  mind  on  that  subject.  I  was  sorry  to  find  him 
so  little  biassed  in  favor  of  the  domestic  service  allotted  to 
him,  but  was  glad  that  his  difficulties  seemed  to  result  chiefly 
from  what  I  take  to  be  an  erroneous  view  of  the  kind  and 
quantity  of  business  annexed  to  that  which  constitutes  the 
foreign  Department.  He  apprehends  that  it -will  far  exceed 
the  latter,  which  has,  of  itself,  no  terrors  to  him.  On  the 
other,  it  was  supposed,  and  I  believe  truly,  that  the  Domestic 
part  will  be  very  trifling,  and  for  that  reason  improper  to  be 
made  a  distinct  Department.  After  all,  if  the  whole  business 
can  be  executed  by  any  one  man,  Mr.  Jefferson  must  be  equal 
to  it;  if  not,  he  will  be  relieved  by  a  necessary  division  of  it. 
All  whom  I  have  heard  speak  on  the  subject  are  remarkably 
solicitous  for  his  acceptance,  and  I  flatter  myself  that  they  will 
not,  in  the  final  event,  be  disappointed. 

In  case  I  should  be  detained  here  much  longer  than  I  calcu- 
late, and  anything  should  occur,  I  may  trouble  you  with  a  few 
lines  further. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  Jan*  24,  1790. 

DEAR  SIB—       *        *       *       *        *       *       * 
The  business  of  Congress  is  as  yet  merely  in  embryo.    The 
principal  subjects  before  them  are  the  plans  of  revenue  and  the 


502  WORKS    OF    MADISON.  1790. 

Militia,  reported  by  Hamilton  and  Knox.  That  of  the  latter  is 
not  yet  printed,  and  being  long,  is  very  imperfectly  understood. 
The  other  has  scarcely  been  long  enough  from  the  press  to  be 
looked  over.  It  is  too  voluminous  to  be  sent  entire  by  the  mail. 
I  will  by  the  next  mail  commence  a  transmission  in  fractions. 
Being  in  possession  at  present  of  a  single  copy  only,  I  cannot 
avail  myself  of  this  opportunity  for  the  purpose.  You  will  find 
a  sketch  of  the  plan  in  one  of  the  newspapers  herewith  inclosed. 
Nothing  has  passed,  either  in  Congress  or  in  conversation,  from 
which  a  conjecture  can  be  formed  of  the  fate  of  the  Report. 
Previous  to  its  being  made,  the  avidity  for  stock  had  raised  it 
from  a  few  shillings  to  eight  or  ten  shillings  in  the  pound,  and 
emissaries  are  still  exploring  the  interior  and  distant  parts  of 
the  Union  in  order  to  take  advantage  of  the  ignorance  of  hold- 
ers. Of  late,  the  price  is  stationary  at,  or  fluctuating  between, 
the  sums  last  mentioned.  From  this  suspence  it  would  seem  as 
if  doubts  were  entertained  concerning  the  success  of  the  plan  in 
all  its  parts. 

I  take  for  granted  that  you  will  before  the  receipt  of  this 
have  known  the  ultimate  determination  of  the  President  on 
your  appointment.  All  that  I  am  able  to  say  on  the  subject  is, 
that  a  universal  anxiety  is  expressed  for  your  acceptance,  and 
to  repeat  my  declarations,  that  such  an  event  will  be  more  con- 
ducive to  the  general  good,  and  perhaps  to  the  very  objects 
you  have  in  view  in  Europe,  than  your  return  to  your  former 
station. 

I  do  not  find  that  any  late  information  has  been  received 
with  regard  to  the  Revolution  in  France.  It  seems  to  be  still 
unhappily  forced  fro  struggle  with  the  adventitious  evils  of  pub- 
lic scarcity,  in  addition  to  those  naturally  thrown  in  its  way  by 
antient  prejudices  and  hostile  interests.  I  have  a  letter  from 
Havre  of  the  13th  Novr,  which  says  that  wheat  was  then  selling 
at  10  livres  per  Bushel,  and  flour  at  50  livres  per  100  fts.,  and 
the  demand  pressing  for  all  kinds  of  materials  for  bread.  The 
letter  adds  that  a  bounty  of  2  livres  per  100  ft>.  marc  on  wheat, 
and  on  flour  in  proportion,  &c.,  &c.,  was  to  commence  the  1st 


1790.  LETTERS.  503 

December  last,  and  continue  till  the  1st  of  July  next,  in  favour 
of  imports  from  any  quarter  of  the  Globe. 


TO  THOMAS  JEPFEESON. 

NEW  YORK,  February  4,  1790. 

DEAR  SIR, — Your  favor  of  January  9,  inclosing  one  of  Sep- 
tember last,  did  not  get  to  hand  till  a  few  days  ago.  The  idea 
which  the  latter  evolves  is  a  great  one,  and  suggests  many  in- 
teresting reflections  to  Legislators,  particularly  when  contract- 
ing and  providing  for  public  debts.  Whether  it  can  be  received 
in  the  extent  to  which  your  reasonings  carry  it  is  a  question 
which  I  ought  to  turn  more  in  my  thoughts  than  I  have  yet 
been  able  to  do  before  I  should  be  justified  in  making  up  a  full 
opinion  on  it.  My  first  thoughts  lead  me  to  view  the  doctrine 
as  not  in  all  respects  compatible  with  the  course  of  human  af- 
fairs. I  will  endeavour  to  sketch  the  grounds  of  my  skepticism. 
"As  the  Earth  belongs  to  the  living,  not  to  the  dead,  a  living 
generation  can  bind  itself  only;  in  every  society,  the  will  of  the 
majority  binds  the  whole;  according  to  the  laws  of  mortality, 
a  majority  of  those  ripe  for  the  exercise  of  their  will  do  not  live 
beyond  the  term  of  19  years;  to  this  term,  then,  is  limited  the  va- 
lidity of  every  act  of  the  society,  nor  can  any  act  be  continued 
beyond  this  term,  without  an  express  declaration  of  the  public 
will."  This  I  understand  to  be  the  outline  of  the  argument. 

The  acts  of  a  political  society  may  be  divided  into  three 
classes: 

1.  The  fundamental  constitution  of  the  Government. 

2.  Laws  involving  some  stipulation  which  renders  them  irre- 
vocable at  the  will  of  the  Legislature. 

3.  Laws  involving  no  such  irrevocable  quality. 

1.  However  applicable  in  theory  the  doctrine  may  be  to  a 
Constitution,  it  seems  liable  in  practice  to  some  weighty  objec- 
tions. 

•  Would  not  a  Government,  ceasing  of  necessity  at  the  end  of 
a  given  term,  unless  prolonged  by  some  Constitutional  Act  pre- 


504  WORKS    OP    MADISON.  1790. 

vious  to  its  expiration,  be  too  subject  to  the  casualty  and  con- 
sequences of  an  interregnum  ? 

Would  not  a  Government  so  often  revised  become  too  muta- 
ble and  novel  to  retain  that  share  of  prejudice  in  its  favor 
which  is  a  salutary  aid  to  the  most  rational  Government? 

Would  not  such  a  periodical  revision  engender  pernicious 
factions  that  might  not  otherwise  come  into  existence,  and  agi- 
tate the  public  mind  more  frequently  and  more  violently  than 
might  be  expedient? 

2.  In  the  second  class,  of  acts  involving  stipulations,  must  not 
exceptions,  at  least  to  the  doctrine,  be  admitted? 

If  the  earth  be  the  gift  of  nature  to  the  living,  their  title  can 
extend  to  the  earth  in  its  natural  state  only.  The  improvements 
made  by  the  dead  form  a  debt  against  the  living,  who  take  the 
benefit  of  them.  This  debt  cannot  be  otherwise  discharged 
than  by  a  proportionate  obedience  to  the  will  of  the  authors  of 
the  improvements. 

But  a  case  less  liable  to  be  controverted  may,  perhaps,  be 
stated.  Debts  may  be  incurred  with  a  direct  view  to  the  inter- 
ests of  the  unborn,  as  well  as  of  the  living.  Such  are  debts  for 
repelling  a  conquest,  the  evils  of  which  descend  through  many 
generations.  Debts  may  even  be  incurred  principally  for  the 
benefit  of  posterity.  Such,  perhaps,  is  the  debt  incurred  by  the 
United  States.  In  these  instances  the  debts  might  not  be  dis- 
chargeable  within  the  term  of  19  years. 

There  seems,  then,  to  be  some  foundation  in  the  nature  of 
things,  in  the  relation  which  one  generation  bears  to  another, 
for  the  descent  of  obligations  from  one  to  another.  Equity  may 
require  it.  Mutual  good  may  be  promoted  by  it.  And  all  that 
seems  indispensable  in  stating  the  account  between  the  dead 
and  the  living  is,  to  see  that  the  debts  against  the  latter  do  not 
exceed  the  advances  made  by  the  former.  Few  of  the  incum- 
brances  entailed  on  nations  by  their  predecessors  would  bear  a 
liquidation  even  on  this  principle. 

3.  Objections  to  the  doctrine,  as  applied  to  the  third  class  of 
acts,  must  be  merely  practical.    But  in  that  view  alone  they 
appear  to  be  material. 


1790.  LETTERS.  505 

Unless  such  temporary  laws  should  be  kept  in  force  by  acts 
regularly  anticipating  their  expiration,  all  the  rights  depending 
on  positive  laws,  that  is,  most  of  the  rights  of  property,  would 
become  absolutely  defunct,  and  the  most  violent  struggles  ensue 
between  the  parties  interested  in  reviving,  and  those  interested 
in  reforming,  the  antecedent  state  of  property.  Nor  does  it 
seem  improbable  that  such  an  event  might  be  suffered  to  take 
place.  The  checks  and  difficulties  opposed  to  the  passage  of 
laws,  which  render  the  power  of  repeal  inferior  to  an  opportu- 
nity to  reject,  as  a  security  against  oppression,  would  here  ren- 
der the  latter  an  insecure  provision  against  anarchy.  Add  to 
this,  that  the  very  possibility  of  an  event  so  hazardous  to  the 
rights  of  property  could  not  but  depreciate  its  value;  that  the 
approach  of  the  crisis  would  increase  the  effect;  that  the  fre- 
quent return  of  periods  superseding  all  the  obligations  depend- 
ent on  antecedent  laws  and  usages  must,  by  weakening  the 
sense  of  them,  co-operate  with  motives  to  licentiousness  already 
too  powerful;  and  that  the  general  uncertainty  and  vicissitudes 
of  such  a  state  of  things  would,  on  one  side,  discourage  every 
useful  effort  of  steady  industry  pursued  under  the  sanction  of 
existing  laws,  and,  on  the  other,  give  an  immediate  advantage 
to  the  more  sagacious  over  the  less  sagacious  part  of  the  So- 
ciety. 

I  can  find  no  relief  from  such  embarrassments  but  in  the  re- 
ceived doctrine  that  a  tacit  assent  may  be  given  to  established 
Governments  and  laws,  and  that  this  assent  is  to  be  inferred 
from  the  omission  of  an  express  revocation.  It  seems  more 
practicable  to  remedy  by  well-constituted  Governments  the  pes- 
tilent operation  of  this  doctrine  in  the  unlimited  sense  in  which 
it  is  at  present  received,  than  it  is  to  find  a  remedy  for  the  evils 
necessarily  springing  from  an  unlimited  admission  of  the  con- 
trary doctrine. 

Is  it  not  doubtful  whether  it  be  possible  to  exclude  wholly 
the  idea  of  an  implied  or  tacit  assent,  without  subverting  the 
very  foundation  of  civil  society  ? 

On  what  principle  is  it  that  the  voice  of  the  majority  binds 
the  minority?  It  does  not  result,  I  conceive,  from  a  law  of  na- 


506  WORKS    OF    MADISON.  1T90. 

ture,  but  from  compact  founded  on  utility.  A  greater  propor- 
tion might  be  required  by  the  fundamental  Constitution  of  So- 
ciety, if  under  any  particular  circumstances  it  were  judged  eli- 
gible. Prior,  therefore,  to  the  establishment  of  this  principle, 
unanimity  was  necessary;  and  rigid  Theory  accordingly  pre- 
supposes the  assent  of  every  individual  to  the  rule  which  sub- 
jects the  minority  to  the  will  of  the  majority.  If  this  assent 
cannot  be  given  tacitly,  or  be  not  implied  where  no  positive 
evidence  forbids,  no  person  born  in  Society  could,  on  attaining 
ripe  age,  be  bound  by  any  acts  of  the  majority,  and  either  a 
unanimous  renewal  of  every  law  would  be  necessary  as  often 
as  a  new  member  should  be  added  to  the  society,  or  the  express 
consent  of  every  new  member  be  obtained  to  the  rule  by  which 
the  majority  decides  for  the  whole. 

If  these  observations  be  not  misapplied,  it  follows  that  a  lim- 
itation of  the  validity  of  all  acts  to  the  computed  life  of  the 
generation  establishing  them  is  in  some  cases  not  required  by 
theory,  and  in  others  not  consistent  with  practice.  They  are 
not  meant,  however,  to  impeach  either  the  utility  of  the  princi- 
ple as  applied  to  the  cases  you  have  particularly  in  view,  or  the 
general  importance  of  it  in  the  eye  of  the  philosophical  Legis- 
lator. On  the  contrary,  it  would  give  me  singular  pleasure  to 
see  it  first  announced  to  the  world  in  a  law  of  the  United  States, 
and  always  kept  in  view  as  a  salutary  restraint  on  living  gen- 
erations from  unjust  and  unnecessary  burdens  on  their  succes- 
sors. This  is  a  pleasure,  however,  which  I  have  no  hope  of  en- 
joying. It  is  so  much  easier  to  descry  the  little  difficulties  im- 
mediately incident  to  every  great  plan  than  to  comprehend  its 
general  and  remote  benefits,  that  further  light  must  be  added 
to  the  Councils  of  our  Country  before  many  truths  which  are 
seen  through  the  medium  of  philosophy  become  visible  to  the 
naked  eye  of  the  ordinary  politician. 


1790.  LETTERS.  507 


TO   THOMAS  JEFFERSON. 

NEW  YORK,  Feb?  14,  1790. 

DEAR  SIR, — We  proceed  slowly  in  business.  The  Report  of 
Mr.  Hamilton  has  been,  of  late,  the  principal  subject  of  debate. 
On  the  foreign  debt  the  vote  has  been  unanimous.  On  the  do- 
mestic, a  reduction  of  the  transferred  principal  has  been  brought 
into  view  by  several  arguments  and  propositions.  My  idea  is 
that  there  should  be  no  interference  of  the  public  in  favour  of 
the  public  either  as  to  principal  or  interest,  but  that  the  high- 
est market  price  only  should  be  allowed  to  the  purchasers,  and 
the  balance  be  applied  to  solace  the  original  sufferers,  whose 
claims  were  not  in  conscience  extinguished  by  a,  forced  payment 
in  depreciated  certificates.  The  equity  of  this  proposition  is  not 
contested.  Its  impracticability  will  be  urged  as  an  insuperable 
objection.  I  am  aware  of  the  difficulties  of  the  plan,  but  believe 
they  might  be  removed  by  one-half  the  exertion  that  will  be 
used  to  collect  and  colour  them. 

A  Bill  for  taking  a  census  has  passed  the  House  of  Repre- 
sentatives, and  is  with  the  Senate.  It  contained  a  schedule  for 
ascertaining  the  component  classes  of  the  Society,  a  kind  of  in- 
formation extremely  requisite  to  the  Legislator,  and  much 
wanted  for  the  science  of  Political  Economy.  A  repetition  of 
it  every  ten  years  would  hereafter  afford  a  most  curious  and 
instructive  assemblage  of  facts.  It  was  thrown  out  by  the  Sen- 
ate as  a  waste  of  trouble  and  supplying  materials  for  idle  people 
to  make  a  book.  Judge  by  this  little  experiment  of  the  recep- 
tion likely  to  be  given  to  so  great  an  idea  as  that  explained  in 
your  letter  of  September. 


TO  EDMUND   PENDLETON. 

NEW  YORK,  March  4,  1790. 

DEAR  SIR, — Your  recommendation  of  Doctor  M was 

handed  me  some  time  ago.    I  need  not  tell  you  that  I  shall 


508  WORKS    OF    MADISON.  1790. 

always  rely  on  your  vouchers  for  merit,  or  that  I  shall  equally 
be  pleased  with  opportunities  of  forwarding  your  wishes. 

The  only  act  of  much  consequence  which  the  present  Session 
has  yet  produced  is  one  for  enumerating  the  Inhabitants,  as  the 
basis  of  a  reapportionment  of  the  Representation.  The  House 
of  Representatives  has  been  chiefly  employed  of  late  on  the  Re- 
port of  the  Secretary  of  the  Treasury.  As  it  has  been  printed 
in  all  the  Newspapers,  I  take  for  granted  that  it  must  have 
fallen  under  your  eye.  The  plan  which  it  proposes  is  in  gen- 
eral well-digested,  and  illustrated  and  supported  by  very  able 
reasoning.  It  has  not,  however,  met  with  universal  concurrence 
in  every  part.  .1  have  myself  been  of  the  number  who  could  not 
suppress  objections.  I  have  not  been  able  to  persuade  myself 
that  the  transactions  between  the  United  States  and  those  whose 
services  were  most  instrumental  in  saving  their  country  did,  in 
fact,  extinguish  the  claims  of  the  latter  on  the  justice  of  the 
former;  or  that  there  must  not  be  something  radically  wrong  in 
suffering  those  who  rendered  a  bona  fide  consideration  to  lose 
|  of  their  dues,  and  those  who  have  no  particular  merit  towards 
their  country  to  gain  7  or  8  times  as  much  as  they  advanced. 
In  pursuance  of  this  view  of  the  subject,  a  proposition  was  made 
for  redressing,  in  some  degree,  the  inequality.  After  much  dis- 
cussion, a  large  majority  was  in  the  negative.  The  subject  at 
present  before  a  Committee  of  the  whole  is  the  proposed  as- 
sumption of  the  State  debts.  On  this,  opinions  seem  to  be  pretty 
equally  divided.  Virginia  is  endeavoring  to  incorporate  with 
the  measure  some  eifectual  provision  for  a  final  settlement  and 
payment  of  balances  among  the  States.  Even  with  this  ingre- 
dient, the  project  will  neither  be  just  nor  palatable  if  the  as- 
sumption be  referred  to  the  present  epoch,  and  by  that  means 
deprives  the  States  who  have  done  most  of  the  benefit  of  their 
exertions.  We  have  accordingly  made  an  effort,  but  without 
success,  to  refer  the  assumption  to  the  state  of  the  debts  at  the 
close  of  the  war.  This  would  probably  add  ^  more  to  the 
amount  of  the  debts,  but  would  more  than  compensate  for  this 
by  rendering  the  measure  more  just  and  satisfactory.  A  simple, 
unqualified  assumption  of  the  existing  debts  would  bear  pecu- 


1790.  LETTERS.  509 

liarly  hard  on  Virginia.  She  has  paid.  I  believe,  a  greater  part 
of  her  quotas  since  the  peace  than  Massachusetts.  She  suffered 
far  more  during  the  war.  It  is  agreed  that  she  will  not  be  less 
a  creditor  on  the  final  settlement;  yet,  if  such  an  assumption 
were  to  take  place,  she  would  pay  towards  the  discharge  of  the 
debts  in  the  proportion  of  -§-  and  receive  back  to  her  creditor  cit- 
izens y  or  £,  whilst  Massachusetts  would  pay  not  more  than  y  or 
£,  and  receive  back  not  less  than  -§-.  The  case  of  South  Carolina 
is  a  still  stronger  contrast.  In  answer  to  this  inequality  we 
are  referred  to  the  final  liquidation,  for  which  provision  may  be 
made.  But  this  may  possibly  never  take  place.  It  will  prob- 
ably be  at  some  distance.  The  payment  of  the  balances  among 
the  States  will  be  a  fresh  source  of  delay  and  difficulties.  The 
merits  of  the  plan,  independently  of  the  question  of  equity,  are 
also  controvertible,  though  on  the  other  side  there  are  advan- 
tages which  have  considerable  weight. 

We  have  no  late  information  from  Europe  more  than  what 
the  newspapers  contain.  France  seems  likely  to  carry  through 
the  great  work  in  which  she  has  been  laboring.  The  Austrian 
Netherlands  have  caught  the  flame,  and  with  arms  in  their  hands 
have  renounced  the  Government  of  the  Emperor  forever.  Even 
the  lethargy  of  Spain  begins  to  awake  at  the  voice  of  liberty, 
which  is  summoning  her  neighbors  to  its  standard.  All  Europe 
must  by  degrees  be  aroused  to  the  recollection  and  assertion  of 
the  rights  of  human  nature.  Your  good  will  to  mankind  will 
be  gratified  with  this  prospect,  and  your  pleasure  as  an  Amer- 
ican be  enhanced  by  the  reflection  that  the  light  which  is  cha- 
sing darkness  and  despotism  from  the  old  World  is  but  an  em- 
anation from  that  which  has  procured  and  succeeded  the  estab- 
lishment of  liberty  in  the  new. 


TO   DOCTOR  RUSH. 

NEW  YORK,  March  7,  1790. 

DEAR  SIR, — Although  your  last  favor  of  the  27  February  djoes 
not  require  any  particular  answer,  I  cannot  let  this  occasional 


510  WORKS    OF    MADISON.  1790. 

correspondence  drop  without  thanking  you  for  so  interesting  a 
supplement  to  your  former  remarks  on  the  subject  lately  decided 
in  the  House  of  Representatives.  It  not  only  gives  me  pleas- 
ure, but  strengthens  my  conviction,  to  find  my  sentiments  rati- 
fied by  those  of  enlightened  and  disinterested  judges.  If  we 
are  to  take  for  the  criterion  of  truth  a  majority  of  suffrages, 
they  ought  to  be  gathered  from  those  philosophical  and  patri- 
otic citizens  who  cultivate  their  reason  apart  from  every  scene 
that  can-  disturb  its  operations,  or  expose  it  to  the  influence  of 
the  passions.  The  advantage  enjoyed  by  public  bodies  in  the 
light  struck  out  by  the  collision  of  debate  is  but  too  often  over- 
balanced by  the  heat  proceeding  fe-om  the  same  source.  Many 
other  sources  of  involuntary  error  might  be  added.  It  is  no 
reflection  on  Congress  to  admit  for  one  the  united  voice  of  the 
place  where  they  may  happen  to  deliberate.  Nothing  is  more  con- 
tagious than  opinion,  especially  on  questions  which,  being  sus- 
ceptible of  very  different  glosses,  beget  in  the  mind  a  distrust  of 
itself.  It  is  extremely  difficult,  also,  to  avoid  confounding  the 
local  with  the  public  opinion,  and  to  withhold  the  respect  due  to 
the  latter  from  the  fallacious  specimen  exhibited  by  the  former. 
Without  looking,  therefore,  beyond  innocent  causes  of  fallibility, 
I  can  retain  the  sentiments  which  produced  the  late  motion,* 
notwithstanding  the  disproportion  of  members  by  which  it  was 
outvoted;  especially  when  I  can  fortify  them  with  such  reflec- 
tions as  your  two  favors  have  communicated.  Indeed,  it  seems 
scarcely  possible  for  me  ever  to  be  persuaded  that  there  is  not 
something  radically  immoral,  and  consequently  impolitic,  in  suf- 
fering the  rewards  due  for  the  most  valuable  of  all  considera- 
tions, the  defence  of  liberty,  to  be  transferred  from  the  gallant 
earners  of  them  to  that  class  of  people  who  now  take  their 
places.  It  is  equally  inconceivable,  if  the  new  Constitution 
was  really  calculated  to  attain  more  perfect  justice,  that  an  ex- 
position of  it  can  be  right  which  confirms  and  enforces  the  most 
flagrant  injustice  that  ever  took  place  under  the  old. 

*  To  divide  the  payment  of  the  public  debt  between  the  original  and  purcha- 
sing holders  of  certificates. 


1790.  LETTERS.  511 

I  must  add  my  thanks  for  the  little  pamphlet  covered  by  your 
last.  I  have  for  some  time  been  a  thorough  believer  in  the  doc- 
trine which  it  exemplifies,  and  am  not  unapprized  of  the  obliga- 
tion which,  in  common  with  other  proselytes,  I  am  under  to  the 
lessons  of  your  pen. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  March  8,  1790. 

DEAR  SIR, — The  newspapers  will  have  shewn  you  the  late 
proceedings  of  the  House  of  Representatives.  The  present  sub- 
ject of  deliberation  is  the  proposed  assumption  of  the  State 
debts.  Opinions  are  nearly  balanced  on  it.  My  own  is  no 
otherwise  favorable  to  the  measure  than  as  it  may  tend  to  se- 
cure a  final  settlement  and  payment  of  balances  among  the 
States.  An  assumption  even  under  such  circumstances  is  liable 
to  powerful  objections.  In  the  form  proposed  that  object  would 
be  impeded  by  the  measure,  because  it  interests  South  Carolina 
and  Massachusetts,  who  are  to  be  chiefly  relieved,  against  such 
a  settlement  and  payment.  The  immediate  operation  of  the 
plan  would  be  peculiarly  hard  on  Virginia.  I  think,  also, 
that  an  increase  of  the  federal  debt  will  not  only  prolong  the 
evil,  but  be  further  objectionable  as  augmenting  a  trust  already 
sufficiently  great  for  the  virtue  and  number  of  the  federal  Legis- 
lature. 


TO  EDMUND   RANDOLPH. 

NEW  YORK,  March  14,  1790. 

MY  DEAR  FRIEND, — I  have  received  the  few  lines  you  dropped 
me  from  Baltimore,  and  daily  expect  those  promised  from 
Fredericksburg.  I  am  made  somewhat  anxious  on  the  latter 
point  by  the  indisposition  under  which  you  were  travelling. 

The  question  depending  at  your  departure  was  negatived  by 
a  very  large  majority,  though  less  than  stated  in  the  news- 


512  WORKS    OF    MADISON.  1790. 

papers.  The  causes  of  this  disproportion,  which  exceeds 
greatly  the  estimate  you  carried  with  you,  cannot  be  alto- 
gether explained.  Some  of  them  you  will  conjecture.  Others 
I  reserve  for  conversation,  if  the  subject  should  ever  enter 
into  it.  As  far  as  I  have  heard,  the  prevailing  sense  of  the 
people  at  large  does  not  coincide  with  the  decision,  and  that 
delay  and  other  means  might  have  produced  a  very  different 
result. 

The  assumption  of  the  State  debts  has  of  late  employed  most 
the  House  of  Representatives.  A  majority  of  5  agreed  to  the 
measure  in  Committee  of  the  whole.  But  it  is  yet  to  pass  many 
defiles,  and  its  enemies  will  soon  be  reinforced  by  North  Caro- 
lina. The  event  is  consequently  very  doubtful.  It  could  not 
be  admissible  to  Virginia  unless  subservient  to  final  justice,  or 
so  varied  as  to  be  more  consistent  with  intermediate  justice. 
In  neither  of  these  respects  has  Virginia  been  satisfied,  and  the 
whole  delegation  is  against  the  measure,  except  Bland  ! 

The  substance  of  the  Secretary's  arrangements  of  the  Debts 
of  the  Union  has  been  agreed  to  in  Committee  of  the  whole, 
and  will  probably  be  agreed  to  by  the  House.  The  number  of 
alterations  have  been  reduced  for  the  sake  of  greater  simplicity, 
and  a  disposition  appears  at  present  to  shorten  the  duration  of 
the  Debt.  According  to  the  Report,  the  debt  would  subsist  40 
or  50  years,  which,  considering  intermediate  probabilities, 
amounts  to  a  perpetuity. 


TO  EDMUND   RANDOLPH. 

NEW  YORK,  March  21,  1790. 

DEAR  SIR, — Your  favor  of  the  10th  came  to  hand  yesterday. 
I  feel  much  anxiety  for  the  situation  in  which  you  found  Mrs. 
Randolph;  but  it  is  somewhat  alleviated  by  the  hopes  which 
you  seem  to  indulge. 

The  language  of  Richmond  on  the  proposed  discrimination 
does  not  surprise  me.  It  is  the  natural  language  of  the  towns, 
and  decides  nothing.  Censure,  I  well  knew,  would  flow  from 


1790.  LETTERS.  513 

those  sources.  Should  it  also  flow  from  other  sources,  I  shall 
not  be  the  less  convinced  of  the  right  of  the  measure,  or  the 
less  satisfied  with  myself  for  having  proposed  it.  The  conduct 
of  the  Gentlemen  in  Amherst  and  Culpeper  proves  only  that 
their  personal  animosity  is  unabated.  Here,  it  is  a  charge 
against  me  that  I  sacrificed  the  federal  to  anti-federal  sentiments. 
I  am  at  a  loss  to  divine  the  use  that  C.  and  S.  can  make  of  the 
circumstance. 

The  debates  occasioned  by  the  Quakers  have  not  yet  expired. 
The  stile  of  them  has  been  as  shamefully  indecent  as  the  matter 
was  evidently  misjudged.  The  true  policy  of  the  Southern 
members  was  to  have  let  the  affair  proceed  with  as  little  noise 
as  possible,  and  to  have  made  use  of  the  occasion  to  obtain, 
along  with  an  assertion  of  the  powers  of  Congress,  a  recogni- 
tion of  the  restraints  imposed  by  the  Constitution. 

The  State  debts  have  been  suspended  by  the  preceding  busi- 
ness more  than  a  week.  They  lose  ground  daily,  and  the 
assumption  will,  I  think,  ultimately  be  defeated.  Besides  a 
host  of  objections  against  the  propriety  of  the  measure  in  its 
present  form,  its  practicability  becomes  less  and  less  evident. 
The  case  of  the  paper  money  in  Georgia,  S.  Carolina,  N.  Caro- 
lina, &c.,  to  Rhode  Island,  is  a  most  serious  difficulty.  It  is  a 
part  of  the  debts  of  those  States,  and  comes  in  part  within  the 
principle  of  the  assumption. 

A  packet  arrived  a  few  days  ago,  but  threw  little  light  on  the 
affairs  of  Europe.  Those  of  France  do  not  recede,  but  their 
advance  does  not  keep  pace  with  the  wishes  of  liberty. 


TO  EDMUND   RANDOLPH. 

NEW  YORK,  March  30,  1790. 

MY  DEAR  FRIEND, — Your  favor  of  the  15th,  which  requests 
an  immediate  acknowledgment,  by  some  irregularity  did  not 
come  to  hand  till  I  had  received  that  of  the  18th,  nor  till  it 
was  too  late  to  comply  with  the  request  by  the  last  mail.  I 
have  been  so  unlucky,  also,  as  to  miss  seeing  the  President 

VOL.  i.  33 


514  WORKS    OF    MADISON.  1790. 

twice  that  I  have  waited  on  him,  in  order  to  intimate  the  cir- 
cumstances which  you  wish  him  to  know.  I  shall  continue  to 
repeat  my  efforts  until  I  shall  have  an  opportunity  of  executing 
your  commands. 

The  House  have  recommitted  the  Resolutions  on  the  report 
of  the  Treasury.  Those  relating  to  the  assumption  of  State 
debts  were  recommitted  by  a  majority  of  two  votes.  The 
others,  from  an  extreme  repugnance  in  many  to  a  separation  of 
the  two  subjects.  N.  Carolina  has  2  votes  on  the  floor,  which 
turned  the  scale.  The  final  decision  is  precarious.  The  imme- 
diate decision  will  repeal  the  former  one  in  favour  of  the  as- 
sumption, unless  the  composition  of  the  House  or  the  Committee 
should  be  varied  to-morrow.  Of  six  absent  members,  a  majority 
will  be  opposed  to  the  measure. 


TO  EDMUND   PENDLETON. 

NEW  YORK,  April  4,  1790. 

DEAR  SIR, — You  will  see  by  the  papers  herewith  covered 
that  the  proposed  assumption  of  the  State  debts  continues  to 
employ  the  deliberations  of  the  House  of  Representatives.  The 
question  seems  now  to  be  near  its  decision,  and  unfortunately, 
though  so  momentous  a  one,  is  likely  to  turn  on  a  very  small 
majority,  possibly  on  a  single  vote.  The  measure  is  not  only 
liable  to  many  objections  of  a  general  cast,  but  in  its  present 
form  is  particularly  unfriendly  to  the  interests  of  Virginia.  In 
this  light  it  is  viewed  by  all  her  representatives,  except  Col. 
Bland. 

The  American  Revolution,  with  its  foreign  and  future  conse- 
quences, is  a  subject  of  such  magnitude  that  every  circumstance 
connected  with  it,  more  especially  every  one  leading  to  it,  is 
already,  and  will  be  more  and  more  a  matter  of  investigation. 
In  this  view,  I  consider  the  proceedings  in  Virginia  during  the 
crisis  of  the  stamp  act  as  worthy  of  particular  remembrance, 
and  a  communication  of  them  as  a  sort  of  debt  due  from  her 
cotemporary  citizens  to  their  successors.  As  I  know  of  no 


1790.  LETTERS.  515 

memory  on  which  my  curiosity  could  draw  for  more  correct  or 
more  judicious  information,  you  must  forgive  this  resort  to 
yours.  Were  I  to  consult  nothing  but  my  curiosity,  my  en- 
quiries would  not  be  very  limited.  But  as  I  could  not  indulge 
that  motive  fully  without  abusing  the  right  I  have  assumed,  my 
request  goes  no  farther  than  that  you  will,  as  leisure  and  recol- 
lection may  permit,  briefly  note  on  paper  by  whom  and  how  the 
subject  commenced  in  the  Assembly;  where  the  resolutions  pro- 
posed by  Mr.  Henry  reaRy  originated;  what  was  the  sum  of  the 
arguments  for  and  against  them,  and  who  were  the  principal 
speakers  on  each  side;  with  any  little  anecdotes  throwing  light 
on  the  transaction,  on  the  characters  concerned  in  it,  or  on  the 
temper  of  the  colony  at  the  time.* 


TO   GEN1  HENEY  LEE. 

NEW  YORK,  Api  13th,  1790. 

DEAR  SIR, — Your  favor  of  the  4th  ult.  by  Col.  Lee  was  re- 
ceived from  his  hands  on  Sunday  last.  I  have  since  received 
that  of  the  3d  instant.  The  antecedent  one  from  Alexandria, 
though  long  on  the  way,  was  received  some  time  before.  In  all 
these,  I  discover  strong  marks  of  the  dissatisfaction  with  which 
you  behold  our  public  prospects.  Though  in  several  respects 
they  do  not  comport  with  my  wishes,  yet  I  cannot  feel  all  the 
despondency  which  you  seem  to  give  way  to.  I  do  not  mean 
that  I  entertain  much  hope  of  the  Potowmac;  that  seems  pretty 
much  out  of  sight;  but  that  other  measures  in  view,  however 
improper,  will  be  less  fatal  than  you  imagine. 

The  plan  of  discrimination  has  met  with  the  reception  in 
Virginia  on  which  I  calculated.  The  towns  would  for  obvious 
reasons  disrelish  it,  and  for  a  time  they  always  set  public 
opinion.  The  country  in  this  region  of  America,,  in  general,  if 
I  am  not  misinformed,  has  not  been  in  unison  with  the  cities, 

*  The  answer  of  Mr.  P.  was  sent  to  Mr.  Wirt  when  collecting  materials  for  his 
life  of  P.  Henry,  and  not  returned. 


516  WORKS    OF    MADISON.  1790. 

nor  has  any  of  the  latter,  except  this,  been  unanimous  against 
the  measure.  Here  the  sentiment  was  in  its  full  vigor,  and 
produced  every  exertion  that  could  influence  the  result. 

I  think  with  you  that  the  Report  of  the  Secretary  of  the 
Treasury  is  faulty  in  many  respects;  it  departs  particularly 
from  that  simplicity  which  ought  to  be  preserved  in  finance 
more  than  anything  else.  The  novelty  and  difficulty  of  the  task 
he  had  to  execute  form  no  small  apology  for  his  errors,  and  I 
am  in  hopes  that  in  some  instances  they  will  be  diminished,  if 
not  remedied. 

The  proposed  assumption  of  the  State  debts  has  undergone 
repeated  discussions  and  contradictory  decisions.  The  last 
vote  was  taken  yesterday  in  a  Committee  of  the  whole,  and 
passed  in  the  negative,  31  vs.  29.  The  minority  do  not  aban- 
don, however,  their  object,  and  tis  impossible  to  foretell  the 
final  destiny  of  the  measure.  It  has  some  good  aspects,  and 
under  some  modifications  would  be  favorable  to  the  pecuniary 
interests  of  Virginia,  and  not  inconsistent  with  the  general 
principle  of.  justice.  In  any  attainable  form  it  would  have 
neither  of  these  recommendations,  and  is,  moreover,  liable  to 
strong  objections  of  a  general  nature.  It  would  certainly  be 
wrong  to  force  an  affirmative  decision  on  so  important  and  con- 
trovertible  a  point  by  a  bare  majority,  yet  I  have  little  hope  of 
forbearance  from  that  scruple.  Massachusetts  and  S.  Carolina, 
with  their  allies  of  Connecticut  and  N.  York,  are  too  zealous 
to  be  arrested  in  their  project,  unless  by  the  force  of  an  adverse 
majority. 

I  have  received  your  reflections  on  the  subject  of  a  public 
debt  with  pleasure.  In  general  they  are,  in  my  opinion,  just 
and  important.  Perhaps  it  is  not  possible  to  shun  some  of  the 
evils  you  point  out,  without  abandoning  too  much  the  re-estab- 
lishment of  public  credit.  But  as  far  as  this  object  will  permit, 
I  go  on  the  principle  that  a  public  debt  is  a  public  curse,  and  in 
a  Republican  Government  a  greater  than  in  any  other. 


1790.  LETTERS.  517 


TO  EDMUND   PENDLETON. 

NEW  YORK,  April  13,  1790. 

DEAR  Sm, — I  thank  you  for  your  favor  of  the  2nd  instant. 
From  the  sentiments  expressed  in  it,  you  will  hear  with  pleas- 
ure that  the  proposed  assumption  of  the  State  debts  was  yester- 
day negatived,  after  many  days'  deliberation,  by  31  vs.  29.  We 
hoped  that  this  vote  would  have  been  mortal  to  the  project.  It 
seems,  however,  that  it  is  not  yet  to  be  abandoned.  The  other 
part  of  the  secretary's  Report  has  been  studiously  fastened  to 
the  assumption  by  the  friends  of  the  latter,  and  of  course  has 
made  no  progress. 

A  British  packet  arrived  yesterday,  but  has  had  a  long  pas- 
sage, and  I  do  not  find  that  she  brings  any  news. 
I  am,  dear  sir,  yours  most  affectionately. 


TO  JAMES  MONROE. 

NEW  YORK,  April  17,  1790. 

DEAR  SIR, — The  House  of  Representatives  are  still  at  the 
threshold  of  the  Revenue  business.  The  assumption  of  the  State 
debts  is  the  great  obstacle.  A  few  days  ago  it  was  reconsid- 
ered, and  rejected  by  31  against  29.  The  measure  is  not,  how- 
ever, abandoned.  It  will  be  tried  in  every  possible  shape  by 
the  zeal  of  its  patrons.  The  Eastern  members  talk  a  strange 
language  on  the  subject.  They  avow,  some  of  them  at  least,  a 
determination  to  oppose  all  provision  for  the  public  debt  which 
does  not  include  this,  and  intimate  danger  to  the  Union  from  a 
refusal  to  assume.  We  shall  risk  their  prophetic  menaces  if  we 
should  continue  to  have  a  majority. 


518  WORKS    OF    MADISON.  1790. 


TO   EDMUND   PENDLETON. 

NEW  YORK,  May  2,  1790. 

DEAR  SIB, — I  thank  you  very  sincerely  for  the  readiness  with 
which  you  have  complied  with  my  troublesome  request  on  the 
subject  of  the  Stamp  act.  I  made  it  on  a  supposition  that  you 
had  been  present  at  the  proceedings  of  the  Virginia  Assembly, 
which  I  find  was  not  the  case.  But,  knowing  the  accuracy  and 
extent  of  your  intelligence  on  all  such  interesting  occurrences, 
I  consider  the  particulars  with  which  you  have  favored  me  as 
not  the  less  authentic  on  that  account. 

You  were  right  in  predicting  that  the  assumption  would  not 
be  abandoned  as  long  as  new  shapes  could  be  devised  for  the 
measure.  I  understand  that  the  leading  advocates  persist  in 
declarations  of  their  hopes  of  final  success,  and  that  new  exper- 
iments are  in  agitation.  Since  my  last,  a  vote  has  passed  by  a 
large  majority  separating  that  part  of  the  Secretary's  plan  from 
the  provision  for  the  federal  debt,  and  bills  have  been  ordered 
in  for  the  latter  alone.  This  will  embarrass  the  efforts  in  favor 
of  the  assumption,  but  will  not  defeat  it.  if  by  any  means  a  ma- 
jority can  be  made  up  on  that  side. 


TO  EDMUND   RANDOLPH. 

NEW  YORK,  May  19,  1790. 

MY  DEAR  FRIEND, — The  President  has  been  critically  ill  for 
some  days  past,  but  is  now,  we  hope,  out  of  danger;  his  com- 
plaint is  a  peripneumony,  united  probably  with  the  Influenza. 
Since  my  last,  I  have  found  that  I  did  not  go  too  far  in  intima- 
ting that  the  cause  of  your  delay  would  forbid  the  smallest  crit- 
icism on  it.  I  earnestly  pray  that  you  may  no  longer  have  oc- 
casion to  plead  that  apology. 

In  consequence  of  a  petition  from  New  Hampshire,  the  subject 
of  our  commercial  relation  to  Great  Britain  has  been  revived. 
A  majority  of  the  Hcuse  of  Representatives  seem  disposed  to 
make  a  pretty  bold  experiment;  and  I  think  it  will  meet  a  very 


1790.  LETTERS. 

different  reception  in  the  Senate  from  the  measure  tried  at  the 
last  session.  If  it  fails,  it  will  be  owing  to  a  dislike  of  the  pref- 
erence to  Nations  in  Treaty. 

The  debt  is  not  yet  funded.  The  zealots  for  the  assumption 
of  the  State  debts  keep  back,  in  hopes  of  alarming  the  zealots 
for  the  federal  debt.  I  understand  that  another  effort  is  to  be 
made  for  the  assumption.  Motives  are  'felt,  I  suspect,  which 
will  account  for  the  perseverance. 


TO  JAMES  MONEOE. 

NEW  YORK,  June  1,  1790. 

DEAR  SIR, — The  assumption  has  been  revived,  and  is  still  de- 
pending. I  do  not  believe  it  will  take  place,  but  the  event  may 
possibly  be  governed  by  circumstances  not  at  present  fully  in 
view.  The  funding  bill  for  the  proper  debt  of  the  United  States 
is  engrossed  for  the  last  reading.  It  conforms  in  substance  to 
the  plan  of  the  Secretary  of  the  Treasury.  You  will  have  seen 
by  late  papers  that  an  experiment  for  navigation  and  commer- 
cial purposes  has  been  introduced.  It  has  powerful  friends,  and 
from  the  present  aspect  of  the  House  of  Representatives  will 
succeed  there  by  a  great  majority.  In  the  Senate  its  success  is 
not  improbable,  if  I  am  rightly  informed.  You  will  see  by  the 
inclosed  paper  that  a  removal  from  this  place  has  been  voted  by 
a  large  majority  of  our  House.  The  other  is  pretty  nearly  bal- 
anced. The  Senators  of  the  3  Southern  States  are  disposed  to 
couple  the  permanent  with  the  temporary  question.  If  they  do, 
I  think  it  will  end  in  either  an  abortion  of  both,  or  in  a  decision 
of  the  former  in  favour  of  the  Delaware.  I  have  good  reason 
to  believe  that  there  is  no  serious  purpose  in  the  Northern 
States  to  prefer  the  Potowmac,  and  that,  if  supplied  with  a  pre- 
text for  a  very  hasty  decision,  they  will  indulge  their  secret 
wishes  for  a  permanent  establishment  on  the  Delaware.  As 
Rhode  Island  is  again  in  the  Union,  and  will  probably  be  in  the 
Senate  in  a  day  or  two,  the  Potowmac  has  the  less  to  hope  and 
the  more  to  fear  from  this  quarter.  Our  friend,  Col.  Bland,  was 


520  WORKS    OF    MADISON.  1790. 

a  victim  this  morning  to  the  influenza,  united  with  the  effects 
and  remains  of  previous  indisposition.  His  mind  was  not  right 
for  several  days  before  he  died.  The  President  has  been  at  the 
point  of  death,  but  is  recovered.  Mr.  Jefferson  has  had  a  tedious 
spell  of  the  head-ache.  It  has  not  latterly  been  very  severe,  but 
is  still  not  absolutely  removed. 


TO  JAMES  MONROE. 

NEW  YORK,  June  17,  1790. 

DEAR  SIR, — You  will  find  in  the  inclosed  papers  some  account 
of  the  proceedings  on  the  question  relating  to  the  seat  of  Gov- 
ernment. The  Senate  have  hung  up  the  vote  for  Baltimore, 
which,  as  you  may  suppose,  could  not  have  been  seriously  meant 
by  many  who  joined  in  it.  It  is  not  improbable  that  the  per- 
manent seat  may  be  coupled  with  the  temporary  one.  The  Po- 
towmac  stands  a  bad  chance,  and  yet  it  is  not  impossible  that 
in  the  vicissitudes  of  the  business  it  may  turn  up  in  some  form 
or  other. 

The  assumption  still  hangs  over  us.  The  negative  of  the 
measure  has  benumbed  the  whole  revenue  business.  I  suspect 
that  it  will  yet  be  unavoidable  to  admit  the  evil  in  some  quali- 
fied shape.  The  funding  bill  is  before  the  Senate,  who  are  ma- 
king very  free  with  the  plan  of  the  Secretary.  A  committee  of 
that  body  have  reported  that  the  alternatives  be  struck  out,  the 
interest  reduced  absolutely  to  4  per  cent.,  and,  as  I  am  informed, 
the  indents  be  not  included  in  the  provision  for  the  principal. 


TO  EDMUND   PENDLETON. 

NEW  YORK,  June  22,  1790. 

DEAR  SIR, — The  pressure  of  business  as  the  session  approaches 
its  term,  the  earlier  hour  at  which  the  House  of  Representatives 
has  for  some  time  met,  and  the  necessity  of  devoting  a  part  of 
the  interval  to  exercise,  after  so  long  a  confinement,  have  obliged 


1790.  LETTERS. 

me  to  deny  myself  the  pleasure  of  communicating  regularly  with 
my  friends.  I  regret  much  that  this  violation  of  my  wishes  has 
unavoidably  extended  itself  to  the  correspondences  on  which  I 
set  the  greatest  value,  and  which,  I  need  not  add,  include  yours. 
The  regret  is  the  greater,  as  I  fear  it  will  not  be  in  my  power 
to  atone  for  past  omissions  by  more  punctuality  during  the  resi- 
due of  the  session.  In  your  goodness  alone  I  must  consequently 
look  for  my  title  to  indulgence. 

The  funding  and  Revenue  systems  are  reduced  by  the  discord 
of  opinions  into  a  very  critical  state.  Out  of  this  extremity, 
however,  some  effective  provision  must,  I  think,  still  emerge. 
The  affair  of  the  State  debts  has  been  the  great  source  of  delay 
and  embarrassment,  and,  from  the  zeal  and  perseverance  of  its 
patrons,  threatens  a  very  unhappy  issue  to  the  session,  unless 
some  scheme  of  accommodation  should  be  devised.  The  busi- 
ness of  the  seat  of  Government  is  become  a  labyrinth,  for  which 
the  votes  printed  furnish  no  clue,  and  which  it  is  impossible  in 
a  letter  to  explain  to  you.  We  are  endeavoring  to  keep  the 
pretensions  of  the  Potowmac  in  view,  and  to  give  to  all  the  cir- 
cumstances that  occur  a  turn  favorable  to  it.  If  any  arrange- 
ment should  be  made  that  will  answer  our  wishes,  it  will  be  the 
effect  of  a  coincidence  of  causes  as  fortuitous  as  it  will  be  pro- 
pitious. You  will  see  by  the  papers  inclosed  that  Great  Britain 
is  itching  for  war.  I  do  not  see  how  one  can  be  avoided,  un- 
less Spain  should  be  frightened  into  concessions.  The  conse- 
quences of  such  an  event  must  have  an  important  relation  to  the 
affairs  of  the  United  States.  I  had  not  the  pleasure  of  seeing 
Col.  Hoomes  during  his  momentary  stay  in  New  York,  but  had 
that  of  hearing  that  he  gave  a  very  favorable  account  of  your 
health. 


TO  JAMES  MONBOE. 

NEW  YOKK,  July  4,  1790. 

DEAR  SIB,— You  will  find  by  one  of  the  Gazettes  herewith 
sent,  that  the  bill  fixing  the  permanent  seat  of  Government  on 
the  Potowmac,  and  the  temporary  at  Philadelphia,  has  got 


522  WORKS    OF    MADISON.  1790. 

through  the  Senate.  It  passed  by  a  single  voice  only,  Izzard 
and  Few  having  both  voted  against  it.  Its  passage  through  the 
House  of  Representatives  is  probable,  but  attended  with  great 
difficulties.  If  the  Potowmac  succeeds,  even  on  these  terms,  it 
will  have  resulted  from  a  fortuitous  coincidence  of  circumstances 
which  might  never  happen  again. 

The  provision  for  the  public  debt  has  been  suspended  for 
some  time  in  the  Senate  by  the  question  relating  to  the  seat  of 
Government.  It  is  now  resumed  in  that  House,  and  it  is  to  be 
hoped  will  soon  be  brought  to  an  issue.  The  assumption  sleeps, 
but  I  am  persuaded  will  be  awakened  on  the  first  dawn  of  a  fa- 
vorable opportunity.  It  seems,  indeed,  as  if  the  friends  of  the 
measure  were  determined  to  risk  everything  rather  than  suffer 
that  finally  to  fail. 

We  hear  nothing  further  of  the  controversy  between  England 
and  Spain. 


TO  JAMES  MONROE. 

NEW  YORK,  July  24,  1790. 

DEAR  SIR, — After  all  the  vicissitudes  through  which  the  as- 
sumption has  passed,  it  seems  at  present  in  a  fair  way  to  suc- 
ceed as  part  of  the  general  plan  for  the  public  debt.  The  Senate 
have  included  it  among  their  amendments  to  the  funding  bill, 
and  a  vote  of  yesterday  in  the  House  of  Representatives  indi- 
cates a  small  majority  in  favor  of  the  measure.  In  its  present 
form  it  will  very  little  affect  the  interest  of  Virginia  in  either 
way.  I  have  not  been  able  to  overcome  my  other  objections,  or 
even  to  forbear  urging  them.  At  the  same  time,  I  cannot  deny 
that  the  crisis  demands  a  spirit  of  accommodation  to  a  certain 
extent.  If  the  measure  should  be  adopted,  I  shall  wish  it  to  be 
considered  as  an  unavoidable  evil,  and  possibly  not  the  worst 
side  of  the  dilemma. 


1791.  LETTERS.  523 

TO  EDMUND   PENDLETON. 

PHILADELPHIA,  Jan*  2d,  1791. 

DEAR  SIB, — Previous  to  my  leaving  New  York,  I  received  a 
letter  from  you  which  was  not  then  answered,  because  the  sub- 
ject of  it  required  more  consideration  than  could  then  be  spared, 
and  because  an  answer  was  not  prompted  by  anything  agitated 
or  proposed  on  the  subject  in  Congress.  I  am  afraid  that  not- 
withstanding the  interval  which  has  passed,  I  am  still  not  suffi- 
ciently prepared  to  do  justice  to  your  queries,  some  of  which 
are  of  a  delicate,  and  all  of  which  are  of  an  important  nature. 
I  am,  however,  the  less  concerned  on  this  account,  as  I  am  sure 
that  your  own  reflections  will  have  embraced  every  idea  which 
mine,  if  ever  so  mature,  could  have  suggested. 

Your  first  quere  is,  "are  the  words  of  the  Treaty,  'there  shall 
be  no  legal  impediment  to  the  bona  fide  recovery  of  debts  on 
either  side,'  a  law  of  repeal,  or  a  covenant  that  a  law  of  repeal 
shall  be  passed?"  As  Treaties  are  declared  to  be  the  supreme 
law  of  the  land,  I  should  suppose  that  the  words  of  the  treaty 
are  to  be  taken  for  the  words  of  the  law,  unless  the  stipulation 
be  expressly  or  necessarily  executory,  which  does  not  in  this 
instance  appear  to  be  the  case. 

"  Was  not  the  contrary  the  sense  of  the  Congress  who  made 
the  Treaty,  when  they  called  on  the  States  to  repeal  the  several 
laws  containing  such  impediments?"  As  well  as  I  recollect,  the 
act  of  Congress  on  that  occasion  supposed  the  impediments  to 
be  repealed  by  the  Treaty,  and  recommended  a  repeal  by  the 
States,  merely  as  declaratory,  and  in  order  to  obviate  doubts 
and  discussions.  Perhaps,  too,  on  a  supposition  that  a  legal  re- 
peal might  have  been  necessary  previous  to  the  new  Constitu- 
tion, it  may  be  rendered  unnecessary  by  the  terms  of  this  instru- 
ment above  quoted,  which  seem  to  give  a  legal  force  to  the 
Treaty. 

"  Admitting  the  treaty  to  be  a  law  of  repeal,  what  is  the  extent 
of  it?  does  it  repeal  all  acts  of  limitation,  and  such  as  regulate 
the  modes  of  proving  debts?"  This  question  probably  involves 
several  very  nice  points,  and  requires  a  more  critical  knowledge 


524  WORKS    OF    MADISON.  1791. 

of  the  state  of  the  American  laws,  the  course  of  legal  proceed- 
ings, and  the  circumstances  of  the  British  debts,  than  I  possess. 
Under  this  disadvantage,  I  am  afraid  to  say  more  than  that  the 
probable  intention  of  the  parties,  and  the  expression  "bona  fide 
recovery  of  debts,"  seem  to  plead  for  a  liberal,  and  even  favor- 
able interpretation  of  the  article.  Unless  there  be  very  strong 
and  clear  objections,  such  an  interpretation  would  seem  to  re- 
quire that  the  debts  should  be  viewed  as  in  the  state  in  which 
the  original  obstacles  to  their  recovery  found  them,  so  far  at 
least  as  the  nature  of  the  case  will  permit. 

"What  is  meant  by  the  Supreme  law,  as  applied  to  treaties? 
is  it  like  those  of  the  Medes  and  Persians,  unalterable?  or  may 
not  the  contracting  powers  annul  it  by  consent?  or  a  breach 
on  one  side  discharge  the  other  from  an  obligation  to  perform 
its  part?"  Treaties,  as  I  understand  the  Constitution,  are  made 
Supreme  over  the  Constitutions  and  laws  of  the  particular 
States,  and,  like  a  subsequent  law  of  the  United  States,  over 
pre-existing  laws  of  the  United  States;  provided,  however,  that 
the  Treaty  be  within  the  prerogative  of  making  Treaties,  which, 
no  doubt,  has  certain  limits. 

That  the  contracting  powers  can  annul  the  Treaty  cannot,  I 
presume,  be  questioned,  the  same  authority,  precisely,  being  ex- 
ercised in  annulling  as  in  making  a  Treaty. 

That  a  breach  on  one  side  (even  of  a  single  article,  each  being 
considered  as  a  condition  of  every  other  article)  discharges  the 
other,  is  as  little  questionable;  but  with  this  reservation,  that 
the  other  side  is  at  liberty  to  take  advantage  or  not  of  the 
breach,  as  dissolving  the  Treaty.  Hence  I  infer  that  the  Treaty 
with  Great  Britain,  which  has  not  been  annulled  by  mutual 
consent,  must  be  regarded  as  in  full  force  by  all  on  whom  its 
execution  in  the  United  States  depends,  until  it  shall  be  declared, 
by  the  party  to  whom  a  right  has  accrued  by  the  breach  of  the 
other  party  to  declare,  that  advantage  is  taken  of  the  breach, 
and  the  Treaty  is  annulled  accordingly.  In  case  it  should  be 
advisable  to  take  advantage  of  the  adverse  breach,  a  question 
may  perhaps  be  started,  whether  the  power  vested  by  the  Con- 
stitution with  respect  to  Treaties  in  the  President  and  Senate 


1791.  LETTERS.  525 

makes  them  the  competent  Judges,  or  whether,  as  the  Treaty  is 
a  law,  the  whole  Legislature  are  to  judge  of  its  annulment,  or 
whether,  in  case  the  President  and  Senate  be  competent  in  or- 
dinary Treaties,  the  Legislative  authority  be  requisite  to  annul 
a  Treaty  of  peace,  as  being  equivalent  to  a  Declaration  of  war, 
to  which  that  authority  alone,  by  our  Constitution,  is  compe- 
tent. 

Mr.  White  tells  me  he  has  sent  you  a  copy  of  Col.  Hamilton's 
plan  of  a  Bank.  I  do  not  therefore  inclose  one.  I  augur  that 
you  will  not  be  in  love  with  some  of  its  features.  Mr.  Ran- 
dolph's Report  on  the  Judiciary  is  not  yet  printed.  I  know 
that  a  copy  is  allotted  for  you.  The  report  of  the  ways  and 
means  from  the  Treasury  Department  for  the  assumed  debt  has 
been  in  the  newspapers,  and  has,  I  presume,  found  its  way  to 
you  through  that  channel.  There  are  objections  of  different 
sorts  to  the  proposed  mode  of  revenue.  But  as  direct  taxes 
would  be  still  more  generally  obnoxious,  and  as  imports  are 
already  loaded  as  far  as  they  will  bear,  an  excise  is  the  only 
resource,  and  of  all  articles  distilled  spirits  are  least  objection- 
able. Indeed,  the  duty  imposed  on  imported  rum  forces  a  pro- 
portional duty  on  Country  rum,  and  from  the  latter  a  duty  on 
other  spirits  distilled  at  home  results  of  course.  There  is,  of 
consequence,  scarce  an  option. 

The  Militia  bill  and  a  plan  for  disposing  of  the  public  lands 
have  been  under  consideration  for  some  time,  and  have  made 
some  progress,  but  are  not  in  a  state  as  yet  from  which  their 
final  shape  can  be  decided.  The  Senate  have  before  them  the 
Bank,  the  report  of  the  Secretary  of  State  on  weights  and  meas- 
ures, and  the  case  of  Kentucky.  This  last  subject  has  experi- 
enced no  other  difficulties  than  what  proceeded  from  some  little 
scruples  concerning  punctilios  in  the  transition  from  the  old  to 
the  new  station  of  the  District.  I  understand  from  Col.  Mon- 
roe that  the  Senate  are  really  disposed  to  forward  the  object. 
Yermont  will  probably  soon  follow,  and  may  even  be  a  member 
of  the  Union  before  the  period  to  which  the  law  of  Virginia 
postpones  the  actual  admission  of  Kentucky. 


526  WORKS    OF    MADISON.  1791. 

The  Gazette  of  last  evening  contains  the  following  paragraph 
under  the  Philadelphia  head: 

"By  an  express  which  arrived  this  afternoon  at  the  post  office, 
from  Lewistown,  near  the  capes  of  Delaware,  we  have  received 
letters  from  London  down  to  the  4th  of  November.  The  fol- 
lowing letter  will  convey  important  intelligence  to  the  Ameri- 
can public: 
" '  Copy  of  a  letter  received  by  the  Lord  Mayor  of  London  from  the  Duke  of  Leeds. 

"'I  have  the  honour  to  acquaint  your  Lordship  that  the  Mes- 
senger Dressin  arrived  here  this  morning,  with  despatches  from 
Mr.  Fitzherbert,  Ambassador  at  the  Court  of  Madrid,  dated 
Sunday,  24  October,  containing  an  account  that  a  Convention 
for  terminating  the  differences  which  had  arisen  with  that  Court 
had  been  agreed  upon  between  his  Excellency,  on  the  part  of 
his  Majesty,  and  the  C*  de  Florida  Blanca,  on  the  part  of  the 
Catholic  King;  and  that  the  Convention  was  to  be  signed  and 
exchanged  by  those  Ministers  the  27  of  the  same  month. 

" '  London,  4  Novr.  (Signed)  LEEDS.' " 

From  this  extract  it  may  be  concluded,  unless  there  be  a  for- 
gery not  to  be  suspected,  that  the  question  which  has  been  so 
long  depending  between  Great  Britain  and  Spain  has  issued  in 
peace. 

The  date  of  my  letter  reminds  me  of  the  compliments  which 
belong  to  the  season.  I  offer  them  with  the  sincerest  wish  that 
they  may  yet  often  be  repeated  to  you,  and  that  the  state  of 
health  in  which  this  will  find  you  may  promise  that  satisfaction 
to  all  your  friends,  among  whom  no  one  will  enjoy  it  in  a  higher 
degree  than, 

Your  affectionate  and  obt  serv*. 


1791.  LETTERS.  527 


TO  JAMES  MADISON. 

PHILADELPHIA,  January  23,  1791. 

HONORED  SIR, — Since  my  last  to  my  Brother  A.,  I  have  re- 
ceived no  letter  from  Orange,  although  yours  and  his  both  pre- 
ceding left  me  particularly  anxious  to  know  the  event  of  the 
Influenza  attack  on  my  mother's  health. 

The  peace  between  Great  Britain  and  Spain  has  been  fully 
authenticated.  The  English  accounts  give  a  sad  picture  of  af- 
fairs in  France,  but  there  are  more  direct  accounts  which  are 
more  favorable. 

The  House  of  Representatives  has  been  long  employed  on  the 
excise  Bill.  It  is  much  opposed  within  and  without  doors.  I 
think,  however,  it  will  pass,  as  less  offensive  than  a  direct  tax, 
which  seems  to  be  the  alternative.  What  reception  will  it 
meet  with  in  your  quarter?  Stills  will  be  taxed,  but  the  owner 
will  have  the  option  of  returning  and  paying  for  the  quantity 
of  spirits  actually  distilled. 

The  Kentucky  Bill  has  come  down  from  the  Senate,  and  will 
probably  go  through  the  House  of  Represent8  without  difficulty. 
The  Bank  is  also  come  from  the  Senate,  but  will  not  go  through, 
if  at  all,  without  opposition.  The  militia  and  western  land 
Bill  wait  for  the  conclusion  of  the  excise  Bill. 

Let  Mr.  W.  Webb  know  that  I  have  received  his  papers  from 
Col.  Monroe,  and  have  drawn  and  presented  a  petition  for  him. 
The  fate  of  it  is  uncertain,  and  probably  will  not  be  known  for 
a  considerable  time. 

Your  affectionate  son. 


What  is  the  number  of  inhabitants  in  Orange,  and  what  the 
state  of  the  census  in  general? 


528  WORKS    OF    MADISON.  1791. 


TO  EDMUND   PENDLETON. 

PHILADELPHIA,  Febi  13,  1791. 

DEAR  SIR, — Since  the  receipt  of  your  favor  of  the  15th  Jan- 
uary, I  have  had  the  further  pleasure  of  seeing  your  valuable 
observations  on  the  Bank  more  at  length,  in  your  communica- 
tions to  Mr.  White.  The  subject  has  been  decided,  contrary 
to  your  opinion,  as  well  my  own,  by  large  majorities  in  both 
Houses,  and  is  now  before  the  President.  The  power  of  incor- 
porating cannot,  by  any  process  of  safe  reasoning,  be  drawn 
within  the  meaning  of  the  Constitution  as  an  appurtenance  of 
any  express  power,  and  it  is  not  pretended  that  it  is  itself  an 
express  power.  The  arguments  in  favor  of  the  measure  rather 
increased  my  dislike  to  it,  because  they  were  founded  on  remote 
implications  which  strike  at  the  very  essence  of  the  Govern- 
ment, as  composed  of  limited  and  enumerated  powers.  The  plan 
is,  moreover,  liable  to  a  variety  of  other  objections,  which  you 
have  so  judiciously  developed. 

The  excise  is  not  yet  returned  by  the  Senate.  It  has  under- 
gone sundry  alterations  in  that  House,  but  none  that  affect  its 
principle  or  will  affect  its  passage.  In  many  respects  it  is  dis- 
pleasing to  me,  and  a  greater  evil  than  a  direct  tax.  But  the 
latter  would  not  be  listened  to  in  Congress,  and  would,  perhaps, 
be  not  less  offensive  to  the  ears  of  the  people  at  large,  particu- 
larly in  the  Eastern  part  of  the  Union.  The  Bill  contains,  as 
you  would  wish,  an  optional  clause,  permitting  the  owners  of 
country  stills  to  pay  the  tax  on  their  capacity,  or  to  keep  an 
account  of  the  liquors  actually  distilled,  and  pay  according  to 
that  and  no  more. 

The  Bill  for  admitting  Kentucky  has  passed  into  a  law,  and 
another  for  extending  the  privileges  to  Vermont,  who  is  knock- 
ing at  the  door  for  it,  has  come  from  the  Senate,  and  will  not 
be  opposed  in  the  House  of  Representatives.  The  Bill  for  sell- 
ing the  public  lands  has  made  some  progress,  and  I  hope  will 
go  through.  The  fate  of  the  Militia  and  several  other  import- 
ant bills  is  problematical  at  the  present  Session,  which  will  ex- 
pire on  the  4th  of  next  month. 


1791.  LETTERS.  529 

With  the  sincerest  affection,  I  am,  dear  sir,  most  respectfully 
yours. 


The  enclosed  paper,  I  observe,  has  a  sketch  of  some  of  the 
arguments  against  the  Bank.  They  are  extremely  mutilated, 
and  in  some  instances  perverted,  but  will  give  an  idea  of  the 
turn  which  the  question  took. 


TO  JAMES  MADISON,  ESQ. 

PHILADELPHIA,  February  13,  1791. 

HONORED  SIR, — I  have  received  yours  of  the  31  ult°,  and  am 
glad  to  find  that  my  sister  Hite  has  withdrawn  herself  from  the 
region  of  the  small-pox.  It  gives  me  particular  pleasure,  also, 
to  learn  that  my  mother's  health  has  been  so  far  restored. 

You  will  see  by  one  of  the  enclosed  papers  that  the  price  of 
wheat  continues  at  from  8s.  4d.  to  8s.  Gd.  Whether  it  will  rise 
or  fall,  or  how  much,  is  more  than  I  can  say.  I  think  the 
chances  will  justify  your  refusal  of  the  Virginia  prices  at  least. 

I  do  not  see  what  better  you  can  do  with  your  certificates 
than  to  subscribe  them  to  the  public  fund  at  Richmond.  Those 
from  North  Carolina  are  to  be  liquidated  and  subscribed  here. 
You  had  best  send  them  by  Mr.  Hite  in  the  spring.  I  received 
Mr.  Webb's  papers  from  Col.  Monroe,  and  laid  them  before  the 
House  of  Representatives,  with  a  petition,  which  has  been  re- 
ferred to  the  secretary  of  the  Treasury.  The  crowd  of  such 
business  which  had  been  previously  referred  to  him  makes  it 
pretty  certain  that  no  report  can  be  made  to  the  present  ses- 
sion. Let  Mr.  W.  know  this,  if  you  please,  and  save  me  the 
trouble  of  writing  to  him. 

The  Excise  Bill  has  not  yet  got  through  the  Senate,  where  it 
is  undergoing  sundry  alterations,  but  none  that  will  materially 
affect  it.  The  optional  clause,  permitting  the  owners  of  stills 
to  pay  either  the  tax  on  the  size  of  the  stills,  or  on  the  quantity 
actually  distilled,  will  pretty  certainly  remain  a  part  of  the 

VOL.  i.  34 


530  WORKS    OF    MADISON.  179L 

Bill,  and  as  an  answer  to  the  most  popular  objection  to  it.  The 
Bill  for  incorporating  a  Bank  has  passed  the  two  Houses  by  large 
majorities,  and  is  before  the  President.  It  was  opposed  in  both 
as  being  unconstitutional,  as  well  as  in  other  respects  objection- 
able. 

The  arguments  against  it  are  extremely  mutilated,  and  even 
perverted  in  the  newspapers,  but  the  sketch  will  give  some  idea 
of  the  turn  of  them. 

The  Bill  for  admitting  Kentucky  has  become  a  law.  Ver- 
mont is  applying  for  the  same  privilege,  and  will  be  also  grati- 
fied. 

The  subject  immediately  before  the  House  of  Representatives 
is  the  Bill  for  selling  the  Western  Lands.  It  has  made  some 
progress,  and  I  hope  will  get  through.  The  other  important 
Bills  are  in  some  danger  of  failing  at  the  present  session,  which 
will  end  on  the  4th  of  March. 

I  remain,  your  affectionate  and  dutiful  son. 


The  earthquake  was  not  felt  here  at  all.  The  winter  has 
been  very  dry,  and,  with  intervals  of  mild  spells,  very  cold.  I 
am  not  informed  of  its  effects  on  the  winter  grain,  but  suspect 
it  must  have  been  unfavorable. 


Substance  of  a  conversation  held  by  James  Madison,  Jr.,  with  Col. 
Beckwith,  at  the  desire  of  Mr.  Jefferson,  Secretary  of  State. 

Last  evening  offered  the  first  opportunity  of  breaking  to  Col. 
B.  the  subject  for  which  he  has  been  thought  a  proper  channel 
to  the  Governor  of  Canada.  It  was  explicitly  made  known  to 
him,  that  besides  its  being  generally  understood  that  the  N.  W. 
Indians  were  supplied  with  the  means  of  war  from  their  inter- 
course with  Detroit,  &c.,  the  president  had  received  information, 
which  he  considered  as  certain,  that  ample  supplies  of  that  sort 
had,  about  the  commencement  of  last  campaign,  been  received 


1791.  CONVERSATION    WITH    BECKWITH.  531 

by  the  hostile  tribes  from  places  at  present  in  British  hands. 
It  was  observed  to  him  at  the  same  time,  that  as  the  United 
States  had  no  other  object  in  the  present  [Indian]  war  but  to 
effect  and  establish  peace  on  their  frontier,  it  was  obvious  in 
what  light  such  a  circumstance  must  be  viewed  by  them.  And 
as  a  further  consideration  heightening  the  colour  of  the  fact,  he 
was  reminded  that  the  Indians  in  question  were,  without  an  ex- 
ception, inhabitants  of  the  acknowledged  territory  of  the  Uni- 
ted States,  and,  consequently,  stood  in  a  certain  relation  to  them 
well  understood  by  the  nations  possessing  territories  on  this 
continent. 

The  sum  of  his  answer  was,  that  as  a  fact  so  stated,  however 
unaccountable  it  might  be,  was  not  to  be  contradicted,  he  could 
only  undertake  to  affirm  that  it  was  impossible  it  could  have 
proceeded  directly  or  indirectly  from  the  British  Government, 
or  have  had  the  sanction  or  countenance  of  the  authority  on  the 
spot.  He  multiplied  assurances  that  the  whole  spirit  and  policy 
of  their  Government  was  opposed  to  Indian  hostilities;  and  that 
the  sentiments,  views,  and  orders  of  Lord  Dorchester  discour- 
aged them  as  much  as  possible.  This  he  knew  to  be  the  case. 
He  asked  whether  there  were  any  particulars  of  time,  place,  or 
persons,  contained  in  the  information  to  the  President;  whether 
there  was  any  evidence  that  the  articles  supplied  were  in  greater 
quantities  than  were  usual  for  other  purposes  than  war;  inti- 
mating that,  if  there  were  just  ground  of  complaint,  a  regular 
statement  and  communication  of  it,  in  any  mode  that  might  be 
thought  not  improper,  would  be  most  correspondent  with  the 
customary  proceedings  in  such  cases.  For  himself,  he  should 
be  very  ready  on  receiving  any  such  statements  or  communica- 
tions to  transmit  them.  He  was  here,  however,  not  in  any 
formal  character;  on  the  contrary,  in  an  informal  one — a  very 
informal  one,  to  be  sure;  and  he  entered  into  this  conversation 
as  between  one  private  gentleman  and  another.  He  had,  in- 
deed, been  a  good  while  at  New  York  before,  as  well  as  here, 
[Philadelphia,]  since  the  removal  of  the  Government.  He 
hoped  his  stay  would  be  rendered  short  by  the  arrival  of  some 
more  authentic  character.  He  was  at  New  York  before  Mr. 


532  WORKS    OP    MADISON.  1791. 

Jefferson  came  into  the  office  he  now  holds,  and  he  believed  it 
was  known  on  what  footing  he  was.  Yet  he  had  not  in  any 
respect  been  turned  over  to  Mr.  Jefferson,  nor  had  anything 
passed  that  could  give  him  any  pretensions  to  be  in  any  commu- 
nication with  the  Secretary  of  State.  Such  a  communication  was 
no  doubt  thought  improper  by  the  Secretary  of  State  with  so 
informal  a  character,  though  in  a  way  ever  so  informal.  He  did 
not  undertake  to  suppose  it  was  not  right;  especially  as  differ- 
ent forms  of  Governments  have  different  modes  of  proceedings, 
&c. 

The  turn  given  to  the  conversation  shewing  pretty  clearly  a 
desire  to  make  the  occasion  subservient  to  some  further  and 
direct  intercourse  with  the  Government,  it  was  thought  proper 
for  that  reason,  as  well  as  for  avoiding  the  necessity  of  another 
conversation,  to  reply  at  once  that  it  was  not  probable  the  in- 
formation received  by  the  President  would  be  made  known  to 
him  in  any  way  more  authentic  than  the  present,  which  it  was 
true,  as  he  had  observed,  was  merely  a  conversation  between 
two  private  gentlemen;  but  if  the  fact  that  the  President  had 
received  the  information,  as  stated,  was  made  sufficiently  cred- 
ible, the  proper  effect  of  the  communication  need  not  depend  on 
the  mode  of  it.  If  the  dispositions  of  Lord  Dorchester  were 
such  as  were  described,  and  of  which  his  reputation  for  human- 
ity and  prudence  left  no  room  for  doubt,  any  evidence  amounting 
to  probability  only  would  ensure  all  the  interference  that  might 
depend  on  him.  The  conduct  of  Governments  towards  formal 
and  informal  characters  was  certainly  not  within  the  compass 
of  this  conversation.  It  was  probable,  however,  that  no  dis- 
tinction was  made  by  the  Government  here  which  was  not  made 
by  all  Governments;  the  difference  between  those  characters 
seeming  to  lie  not  in  the  circumstance  of  the  former  being  pos- 
sessed of  written  and  the  latter  of  verbal  authority,  but  in  the 
greater  publicity  and  formality  of  the  written  credentials  pro- 
duced from  the  proper  source  by  the  former.  The  evident  im- 
propriety of  the  military  supplies  afforded  to  the  Indians  re- 
quired, no  doubt,  that  the  countenance  of  the  British  Govern- 
ment, or  even  the  sanction  of  the  officer  on  the  spot,  ought  not 


1791.  CONVERSATION    WITH    BECKWITH.  533 

to  be  presumed  as  long  as  the  fact  could  be  otherwise  explained; 
but  as  the  effect  of  these  aids  was  the  same  whether  furnished 
by  public  authority  or  by  vindictive  or  avaricious  individuals, 
it  was  in  every  case  to  be  expected  that  the  abuse  would  be 
corrected;  and  the  circumstance  of  the  Indians  in  question  being 
within  the  acknowledged  limits  of  the  United  States,  and  re- 
ceiving the  means  of  war  against  them  from  a  foreign  source, 
was  again  brought  into  view  as  heightening  the  colour  of  the 
affair.  With  respect  to  the  particulars  of  the  fact,  they  did  not 
seem  to  be  material.  In  what  degree  the  President  was  pos- 
sessed of  them  could  not  be  said.  It  might  be  difficult  to  ascer- 
tain the  particulars,  and  yet  the  general  fact  be  sufficiently  es- 
tablished. As  the  Indians  at  War  traded  with  British  subjects 
only,  their  being  able  to  carry  on  hostilities  was  of  itself  suffi- 
cient evidence  in  the  case.  It  might  be  difficult,  also,  to  mark 
precisely  the  line  between  supplies  for  war  and  for  hunting;  but 
it  was  probable  that  not  only  the  difference  of  quantity  de- 
manded, but  other  indications,  must  leave  little  doubt  of  the 
purpose  for  which  they  were  intended. 

Col.  B.  professed  the  strongest  disposition  to  do  anything  in 
his  power,  having  been  actuated  by  this  disposition  in  all  his 
communications  to  Canada,  but  repeated  his  wish  for  more 
exact  information  on  the  subject.  The  intelligence  was  itself 
so  vague,  and  was  communicated  to  him  under  such  reserve, 
that  he  was  really  at  a  loss  how  to  represent  it.  "  May  I,  Sir, 
mention  your  name  in  the  case  ?"  He  was  answered,  that,  from 
the  nature  of  the  conversation,  he  would  be  under  no  restraint 
from  mentioning  any  circumstance  relating  to  it  he  pleased. 
"  May  I,  Sir,  say  that  I  have  your  permission  to  use  your 
name  ?"  Answer.  The  permission  being  a  part  of  the  conver- 
sation, he  must  be  equally  free  to  mention  it  if  he  thought  fit, 
though  it  was  not  perceived  to  be  a  circumstance  very  material. 
"  Will  you  be  so  good,  Sir,  as  to  repeat  the  information  you 
mention  to  have  been  received  by  the  President  ?"  This  request 
being  complied  with,  he  said  he  should  certainly  look  out  for 
the  first  opportunity  of  making  the  matter  known  to  Lord  D., 
and  if  Mr.  M.  should  be  here  on  the  receipt  of  an  answer,  he 


534  WORKS    OF    MADISON.  1791. 

should  be  made  acquainted  with  it,  repeating  his  declaration 
that  it  was  impossible  the  British  Government  could  in  any 
respect  have  countenanced  or  approved  any  supplies  to  the 
Indians  as  an  aid  or  encouragement  to  their  hostilities. 

JAMES  MADISON. 
PHILADELPHIA,  April  18,  1791. 


TO   THOMAS  JEFFERSON. 

NEW  YORK,  May  1,  1791. 

DEAR  Sm—  *  *  *  *  *  *  * 
I  send  you  herewith  a  copy  of  Priestley's  answer  to  Burke, 
which  has  been  reprinted  here.  You  will  see  by  a  note,  page 
56,  how  your  idea  of  limiting  the  right  to  bind  posterity  is 
germinating  under  the  extravagant  doctrines  of  Burke  on  that 
subject.  Paine's  answer  has  not  yet  been  received  here.  The 
moment  it  can  be  got,  Freneau  tells  me  it  will  be  published  in 
Childs'  paper.  It  is  said  that  the  pamphlet  has  been  suppressed 
in  England,  and  that  the  author  withdrew  to  France  before  or 
immediately  after  its  appearance.  This  may  account  for  his 
not  sending  copies  to  his  friends  in  this  country. 

From  conversations  which  I  have  casually  heard,  it  appears 
that  among  the  enormities  produced  by  the  spirit  of  speculation 
and  fraud,  a  practice  is  spreading  of  taking  out  administration 
on  the  effects  of  deceased  soldiers  and  other  claimants  leaving 
no  representatives.  By  this  knavery,  if  not  prevented,  a  pro- 
digious sum  will  be  unsaved  by  the  public,  and  reward  the 
worst  of  its  citizens.  A  number  of  adventurers  are  already 
engaged  in  the  pursuit,  and  as  they  easily  get  security  as  ad- 
ministrators, and  as  easily  get  a  commission  on  the  usual  sug- 
gestion of  being  creditors,  they  desire  nothing  more  than  to 
ascertain  the  name  of  the  party  deceased  or  missing,  trusting 
to  the  improbability  of  their  being  detected  or  prosecuted  by 
the  public.  It  cannot  but  have  happened,  and  is,  indeed,  a  fact 
well  understood,  that  the  unclaimed  dues  from  the  United  States 
are  of  very  great  amount.  What  a  door  is  here  open  for  col- 


1791.  LETTERS.  535 

lusion  also,  if  any  of  the  clerks  in  the  account  offices  are  not 
proof  against  the  temptation  ? 

We  understood  in  Philadelphia  that  during  the  suspension 
of  the  Bank  bill  in  the  hands  of  the  President,  its  partizans  here 
indulged  themselves  in  reflections  not  very  decent.  I  have  reason 
to  believe  that  the  licentiousness  of  the  tongues  of  speculators 
and  Tories  far  exceeded  anything  that  was  conceived.  The 
meanest  motives  were  charged  on  him,  and  the  most  insolent 
menaces  held  over  him,  if  not  in  the  open  streets,  under  circum- 
stances not  less  marking  the  character  of  the  party. 

In  returning  a  visit  to  Mr.  King  yesterday,  our  conversation 
fell  on  the  conduct  of  Great  Britain  towards  the  United  States, 
which  he  evidently  laments  as  much  as  he  disapproves.  He 
took  occasion  to  let  me  understand,  that  although  he  had  been 
averse  to  the  appearance  of  precipitancy  in  our  measures,  he 
should  readily  concur  in  them  after  all  probability  should  be 
over  of  voluntary  relaxations  in  the  measures  of  the  other 
party;  and  that  the  next  session  of  Congress  would  present 
such  a  crisis  if  nothing  to  prevent  it  should  intervene.  He 
mentioned,  also,  that  a  young  gentleman  here  (a  son  of  W. 
Smith,  now  Chief  Justice  of  Canada)  gives  out,  as  information 
from  his  friends  in  England,  that  no  Minister  will  be  sent  to 
this  country  until  one  shall  have  previously  arrived  there. 
What  credit  may  be  due  to  this  person  or  his  informers  I  do 
not  know.  It  shews,  at  least,  that  the  conversation  and  ex- 
pectations which  lately  prevailed  are  dying  away. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  May  12, 1791. 

DEAR  SIR—  *  *"          *  *  * 

I  had  seen  Paine's  pamphlet,  with  the  preface  of  the  Phila- 
delphia Editor.  It  immediately  occured  that  you  were  brought 
into  the  Frontispiece  in  the  manner  you  explain.  But  I  had 
not  foreseen  the  particular  use  made  of  it  by  the  British  parti- 


536  WORKS    OP    MADISON.  1791. 

zans.  Mr.  Adams  can  least  of  all  complain.  Under  a  mock 
defence  of  the  Republican  Constitutions  of  his  Country,  he  at- 
tacked them  with  all  the  force  he  possessed,  and  this  in  a  book 
with  his  name  to  it,  whilst  he  was  the  Representative  of  his 
Country  at  a  foreign  Court.  Since  he  has  been  the  2d  magis- 
trate in  the  new  Republic,  his  pen  has  constantly  been  at  work 
in  the  same  cause;  and  though  his  name  has  not  been  prefixed 
to  his  anti-republican  discourses,  the  author  has  been  as  well 
known  as  if  that  formality  had  been  observed.  Surely,  if  it  be 
innocent  and  decent  in  one  servant  of  the  public  thus  to  write 
attacks  against  its  Government,  it  cannot  be  very  criminal  or  in- 
decent in  another  to  patronize  a  written  defence  of  the  principles 
on  which  that  Government  is  founded.  The  sensibility  of  Ham- 
mond and  Bond  for  the  indignity  to  the  British  Constitution  is 
truly  ridiculous.  If  offence  could  be  justly  taken  in  that  quar- 
ter, what  would  France  have  a  right  to  say  to  Burke's  pamphlet, 
and  the  countenance  given  to  it  and  its  author,  particularly  by 
the  King  himself?  What,  in  fact,  might  not  the  United  States 
say,  whose  revolution  and  democratic  Governments  come  in  for 
a  large  charge  of  the  scurrility  lavished  on  those  of  France? 

I  do  not  foresee  any  objection  to  the  route  you  propose.  I 
had  conversed  with  Beckley  on  a  trip  to  Boston,  &c.,  and  still 
have  that  in  view;  but  the  time  in  view  for  starting  from  this 
place  will  leave  room  for  the  previous  excursion.  Health,  rec- 
reation, and  curiosity,  being  my  objects,  I  can  never  be  out  of 
my  way. 

Not  a  word  of  news  here.  My  letters  from  Virginia  say  lit- 
tle more  than  those  you  had  received.  Carrington  says  the  re- 
turns have  come  in  pretty  thickly  of  late,  and  warrant  the  esti- 
mate founded  on  the  Counties  named  to  me  some  time  ago.  As 
well  as  I  recollect  these  averaged  upwards  of  8,000  souls,  and 
were  considered  by  him  as  under  the  general  average. 
Yrs  affectionately. 


1791.  LETTEES.  537 


TO  THOMAS  JEFFERSON. 
(Extract.) 

NEW  YORK,  June  23d,  1791. 

DEAR  SIR,—  *  *  *  * 

'  You  have  no  doubt  seen  the  French  Regulations  on  the  sub- 
ject of  Tobacco,  which  commence  hostilities  against  the  British 
navigation  Act.  Mr.  King  tells  me  an  attack  on  Paine  has 
appeared  in  a  Boston  paper  under  the  name  of  Publicola,  and 
has  an  affinity  in  the  stile  as  well  as  sentiments  to  the  discourses 
on  Davila. 

I  observed  in  a  late  paper  here  an  extract  from  a  Philadel- 
phia pamphlet  on  the  Bank.    If  the  publication  has  attracted 
or  deserves  notice,  I  should  be  glad  of  a  copy  from  you.    I  will 
write  again  in  a  few  days;  in  the  mean  time  remaining, 
Yours  most  affectionately.    . 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  June  27,  1791. 

DEAR  SiR,-^-I  have  seen  Col.  Smith  more  than  once.  He 
would  have  opened  his  budget  fully  to  me,  but  I  declined  giving 
him  the  trouble.  He  has  written  to  the  President  a  statement 
of  all  his  conversations  with  the  British  Ministry,  which  will 
get  into  your  hands  of  course.  He  mentioned  to  me  his  wish 
to  have  put  them  there  in  the  first  instance,  and  your  situation 
on  his  arrival  as  an  apology  for  not  doing  it.  From  the  com- 
plexion of  the  little  anecdotes  and  observations  which  dropped 
from  him  in  our  interviews,  I  suspect  that  report  has,  as  usual, 
far  overrated  the  importance  of  what  has  been  confided  to  him. 
General  professions,  which  mean  nothing,  and  the  sending  a 
Minister,  which  can  be  suspended  at  pleasure,  or  which,  if  exe- 
cuted, may  produce  nothing,  are  the  amount  of  my  present 
guesses. 

Mr.  Adams  seems  to  be  getting  faster  and  faster  into  difficul- 


538  WORKS    OF    MADISON.  1791. 

ties.  His  attack  on  Paine,  which  I  have  not  seen,  will  draw 
the  public  attention  to  his  obnoxious  principles  more  than  every- 
thing he  has  published.  Besides  this,  I  observe  in  McLean's 
paper  here  a  long  extract  from  a  sensible  letter  republished 
from  Poughkeepsie,  which  gives  a  very  unpopular  form  to  his 
anti-republican  doctrines,  and  presents  a  strong  contrast  of  them 
with  a  quotation  from  his  letter  to  Mr.  Wythe  in  1776. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  July  10,  1791. 

DEAR  SIR  -  *  *  *  *  *  * 
The  Bank  shares  have  risen  as  much  in  the  Market  here  as 
at  Philadelphia.  It  seems  admitted  on  all  hands  now  that  the 
plan  of  the  institution  gives  a  moral  certainty  of  gain  to  the 
subscribers,  with  scarce  a  physical  possibility  of  loss.  The  sub- 
scriptions are  consequently  a  mere  scramble  for  so  much  public 
plunder,  which  will  be  engrossed  by  those  already  loaded  with 
the  spoils  of  individuals.  The  event  shews  what  would  have 
been  the  operation  of  the  plan,  if,  as  originally  proposed,  subscrip- 
tions had  been  limited  to  the  1st  of  April,  and  to  the  favorite 
species  of  stock  which  the  Bank  Jobbers  had  monopolized.  It 
pretty  clearly  appears,  also,  in  what  proportions  the  public  debt 
lies  in  the  Country,  what  sort  of  hands  hold  it,  and  by  whom 
the  people  of  the  United  States  are  to  be  governed.  Of  all  the 
shameful  circumstances  of  this  business,  it  is  among  the  greatest 
to  see  the  members  of  the  Legislature  who  were  most  active  in 
pushing  this  job  openly  grasping  its  emoluments.  Schuyler  is 
to  be  put  at  the  head  of  the  Directors,  if  the  weight  of  the  New 
York  subscribers  can  effect  it.  Nothing  new  is  talked  of  here. 
In  fact,  stock-jobbing  drowns  every  other  subject.  The  Coffee- 
House  is  in  an  eternal  buzz  with  the  Gamblers. 

******** 


1791.  LETTERS.  539 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  July  13, 1791. 

DEAR  SIR,—  ****** 
/  Beckley  has  just  got  back  from  his  eastern  trip.  He  says 
that  the  partizans  of  Mr.  Adams's  heresies  in  that  quarter  are 
perfectly  insignificant  in  point  of  number;  that  particularly  in 
Boston  he  is  become  distinguished  for  his  unpopularity;  that 
Publicola  is  probably  the  manufacture  of  his  son,  out  of  mate- 
rials furnished  by  himself,  and  that  the  publication  is  generally 
as  obnoxious  in  New  England  as  it  appears  to  be  in  Pennsylva- 
nia. If  young  Adams  be  capable  of  giving  the  dress  in  which 
Publicola  presents  himself,  it  is  very  probable  he  may  have  been 
made  the  Editor  of  his  father's  doctrines. 

I  hardly  think  the  printer  would  so  directly  disavow  the  fact 
if  Mr.  Adams  was  himself  the  writer.  There  is  more  of  method, 
also,  in  the  arguments,  and  much  less  of  clumsiness  and  heavi- 
ness in  the  style,  than  characterize  his  writings.  1  mentioned 
to  you  some  time  ago  an  extract  from  a  piece  in  the  Poughkeep- 
sie  paper  as  a  sensible  comment  on  Mr.  Adams'  doctrines.  The 
whole  has  since  been  republished  here,  and  is  evidently  from  a 
better  pen  than  any  of  the  Anti-Publicolas  I  have  seen.  In 
Greenleaf 's  paper  of  to-day  is  a  second  letter  from  the  same 
quarter,  which  confirms  the  character  I  have  given  of  the  Au- 
thor. 

We  understand  here  that  800  shares  in  the  Bank,  committed 
by  this  City  to  Mr.  Constable,  have  been  excluded  by  the  man- 
ner in  which  the  business  was  conducted;  that  a  considerable 
number  from  Boston  met  with  the  same  fate,  and  that  Baltimore 
has  been  kept  out  in  toto.  It  is  all  charged  on  the  manoeuvres 
of  Philadelphia,  which  is  said  to  have  secured  a  majority  of  the 
whole  to  herself.  The  disappointed  individuals  are  clamorous 
of  course,  and  the  language  of  the  place  marks  a  general  indig- 
nation on  the  subject.  If  it  should  turn  out  that  the  cards  were 
packed  for  the  purpose  of  securing  the  game  to  Philadelphia, 
or  even  that  more  than  half  the  Institution,  and  of  course  the 
whole  direction  of  it,  have  fallen  into  the  hands  of  that  city, 


540  WORKS    OF    MADISON.  1791. 

some  who  have  been  loudest  in  their  plaudits  whilst  they  ex- 
pected to  share  in  the  plunder  will  be  equally  so  in  sounding 
the  injustice  of  monopoly,  and  the  danger  of  undue  influence  on 
the  Government. 

The  packet  is  not  yet  arrived.  By  a  vessel  arrived  yester- 
day, newspapers  are  received  from  London  which  are  said  to  be 
later  than  any  yet  come  to  hand.  I  do  not  find  that  any  par- 
ticular facts  of  moment  are  handed  out.  The  miscellaneous 
articles  come  to  me  thro'  Childs'  paper,  which  you  get  sooner 
than  I  could  rehearse  to  you.  It  has  been  said  here  by  the 
Anglicans  that  the  President's  message  to  Congress  on  the  sub- 
ject of  the  commercial  disposition  of  Great  Britain  has  been 
asserted  openly  by  Mr.  Pitt  to  be  .misrepresentation;  and  as  it 
would  naturally  be  traced  to  Gouverneur  Morris,  it  has  been 
suggested  that  he  fell  into  the  hands  of  the  Chevalier  Luzerne, 
who  had  the  dexterity  to  play  off  his  negotiations  for  French 
purposes.  I  have  reason  to  believe  that  Beckwith  has  had  a 
hand  in  throwing  these  things  into  circulation.  I  wish  you  suc- 
cess with  all  my  heart  in  your  efforts  for  Paine.  Besides  the 
advantage  to  him,  which  he  deserves,  an  appointment  for  him 
at  this  moment  would  do  public  good  in  various  ways. 
Always  and  truly  yours. 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  August  4, 1791. 

DEAR  SIR—  *  *  *  *  *  * 
Stock  and  scrip  continue  to  be  the  sole  domestic  subjects  of 
conversation.  The  former  has  mounted  in  the  late  sales  above 
par,  from  which  a  superficial  inference  would  be  drawn  that  the 
rate  of  interest  had  fallen  below  6  per  cent.  It  is  a  fact,  how- 
ever, which  explains  the  nature  of  these  speculations,  that  they 
are  carried  on  with  money  borrowed  at  from  2^  per  cent,  a 
month,  to  1  per  cent,  a  week. 

Adieu.    Yours  most  affectionately. 


1791.  LETTERS.  541 


TO  THOMAS  JEFFERSON. 

NEW  YORK,  August  8,  1791. 
MY  DEAR  SIR,—  ****** 

It  is  surmised  that  the  deferred  debt  is  to  be  taken  up  at  the 
next  session,  and  some  anticipated  provision  made  for  it.  This 
may  either  be  an  invention  of  those  who  wish  to  sell,  or  it  may 
be  a  reality  imparted  in  confidence  to  the  purchasers,  or  smelt 
out  by  their  sagacity.  I  have  had  a  hint  that  something  is  in- 
tended and  has  dropt  from ,  which  has  led  to  this 

speculation.  I  am  unwilling  to  credit  the  fact  until  I  have 
further  evidence,  which  I  am  in  a  'train  of  getting,  if  it  exists. 
It  is  said  that  packet  boats  and  expresses  are  again  sent  from 
this  place  to  the  Southern  States,  to  buy  up  the  paper  of  all 
sorts  which  has  risen  in  the  market  here. 

These  and  other  abuses  make  it  a  problem  whether  the  sys- 
tem of  the  old  paper  under  a  bad  Government,  or  of  the  new 
under  a  good  one,  be  chargeable  with  the  greater  substantial 
injustice.  The  true  difference  seems  to  be,  that  by  the  former 
the  few  were  the  victims  to  the  many;  by  the  latter,  the  many 
to  the  few.  It  seems  agreed  on  all  hands  now,  that  the  bank 
is  a  certain  and  gratuitous  augmentation  of  the  capitals  sub- 
scribed, in  a  proportion  of  not  less  than  40  or  50  per  cent. ;  and 
if  the  deferred  debt  should  be  immediately  provided  for  in  fa- 
vour of  the  purchasers  of  it  in  the  deferred  shape,  and  since  the 
unanimous  vote  that  no  change  should  be  made  in  the  funding 
system,  my  imagination  will  not  attempt  to  set  bounds  to  the 
daring  depravity  of  the  times.  The  stock-jobbers  will  become 
the  pretorian  band  of  the  Government,  at  once  its  tool  and  its 
tyrant;  bribed  by  its  largesses,  and  overawing  it  by  clamours 
and  combinations. 

Nothing  new  from  abroad.  I  shall  not  be  in  Philadelphia 
till  the  close  of  the  week. 

Adieu.    Yrs  most  affectionately. 


542  WORKS    OF    MADISON.  1791. 


TO  EGBERT  PLEASANTS. 

PHILADELPHIA,  October  30,  1791. 

SIR, — The  delay  in  acknowledging  your  letter  of  the  6th 
June  last  proceeded  from  the  cause  you  conjectured.  I  did  not 
receive  it  till  a  few  days  ago,  when  it  was  put  into  my  hands 
by  Mr.  James  Pemberton,  along  with  your  subsequent  letter  of 
the  8th  August. 

The  petition  relating  to  the  Militia  bill  contains  nothing  that 
makes  it  improper  for  me  to  present  it.  I  shall,  therefore,  read- 
ily comply  with  your  desire  on  that  subject.  I  am  not  satisfied 
that  I  am  equally  at  liberty  with  respect  to  the  other  petition. 
Animadversions  such  as  it  contains,  and  which  the  authorized 
object  of  the  petitioners  did  not  require,  on  the  slavery  existing 
in  our  country,  are  supposed  by  the  holders  of  that  species  of 
property  to  lessen  the  value  by  weakening  the  tenure  of  it. 
Those  from  whom  I  derive  my  public  station  are  known  by  me 
to  be  greatly  interested  in  that  species  of  property,  and  to  view 
the  matter  in  that  light.  It  would  seem  that  I  might  be  charge- 
able at  least  with  want  of  candour,  if  not  of  fidelity,  were  I  to 
make  use  of  a  situation  in  which  their  confidence  has  placed  me 
to  become  a  volunteer  in  giving  a  public  wound,  as  they  would 
deem  it,  to  an  interest  on  which  they  set  so  great  a  value.  I 
am  the  less  inclined  to  disregard  this  scruple  as  I  am  not  sen- 
sible that  the  event  of  the  petition  would  in  the  least  depend  on 
the  circumstance  of  its  being  laid  before  the  House  by  this  or 
that  person. 

Such  an  application  as  that  to  our  own  Assembly,  on  which 
you  ask  my  opinion,  is  a  subject,  in  various  respects,  of  great 
delicacy  and  importance.  The  consequences  of  every  sort  ought 
to  be  well  weighed  by  those  who  would  hazard  it.  From  the 
view  under  which  they  present  themselves  to  me,  I  cannot  but 
consider  the  application  as  likely  to  do  harm  rather  than  good. 
It  may  be  worth  your  own  consideration  whether  it  might  not 
produce  successful  attempts  to  withdraw*  the  privilege  now  al- 

*  It  so  happened. 


1791.  LETTERS.  543 

lowed  to  individuals,  of  giving  freedom  to  slaves.  It  would  at 
least  be  likely  to  clog  it  with  a  condition*  tliat  the  persons 
freed  should  be  removed  from  the  country;  there  being  argu- 
ments of  great  force  for  such  a  regulation,  and  some  would  con- 
cur in  it,  who,  in  general,  disapprove  of  the  institution  of 
slavery. 

I  thank  you,  sir,  for  the  friendly  sentiments  you  have  ex- 
pressed towards  me,  and  am,  with  respect,  your  obt,  humble 
servt. 


TO  GENL  H.  LEE. 

PHILADELPHIA,  Dec'  18th,  1791. 

MY  DEAR  SIR, — I  have  received  your  favor  of  the  8th,  and 
handed  to  Freneau  the  subscriptions  inclosed  for  him.  His 
paper,  in  the  opinion  here,  justifies  the  expectations  of  his 
friends,  and  merits  the  diffusive  circulation  they  have  endeav- 
oured to  procure  it. 

I  regret  that  I  can  administer  no  balm  to  the  wound  given 
by  the  first  report  of  our  Western  disaster.  You  will  have  seen 
the  official  account  which  has  gone  into  all  the  Newspapers.  It 
does  not  seem  to  contain  any  of  the  saving  circumstances  you 
are  so  anxious  to  learn.  The  loss  of  blood  is  not  diminished, 
and  that  of  impression  is  as  great  as  the  most  compleat  triumph 
of  the  savages  can  render  it.  The  measures  planning  for  the 
reparation  of  the  calamity  are  not  yet  disclosed.  The  suspected 
relation  of  Indian  hostility  to  the  Western  posts  became  here, 
as  with  you,  a  subject  of  pretty  free  conversation. 


TO  EDMUND  PENDLETON. 

PHILADELPHIA,  Dec1 18,  1791. 

DEAR  SIR, — Your  favor  of afforded  me  much  pleasure 

by  the  information  it  gave  of  the  return  of  such  flourishing 

*  It  so  happened. 


544  WORKS    OF    MADISON.  1791. 

health,  and  has  laid  me  under  great  obligation  by  the  valuable 
state  it  enclosed  of  the  great  question  lately  argued  in  the 
federal  court  at  Richmond.  We  are  all  anxious  to  learn  the 
decision  of  the  Judges,  though  there  is  a  report  that  they  de- 
cline giving  their  opinions;  and  were  that  not  so,  the  importance 
of  them  is  diminished  by  the  probability  of  an  appeal. 

Notwithstanding  the  proportion  of  time  which  has  run  off, 
the  last  hand  has  been  put  to  a  very  inconsiderable  part  of  the 
business  of  the  Session.  The  two  Houses  have  been  of  late 
chiefly  occupied  by  the  Representation  bill,  which,  both  in  its 
principles  and  consequences,  is  of  the  first  importance.  The 
House  of  Representatives,  by  a  very  great  majority,  decided  in 
favor  of  the  ratio  of  1  for  30,000,  as  the  most  obvious  intention 
of  the  Constitution,  or  at  least  of  the  amendment  which  is 
likely  to  be  made  a  part  of  it,  as  most  congenial  with  the  repub- 
lican character  of  the  Government,  and  as  most  correspondent 
with  the  expectations  of  the  public.  In  the  Senate  there  were 
three  opinions:  one  favoring  the  transfer  of  the  fractions  from 
the  Eastern  States,  where  they  happen  to  fall  more  than  on  the 
Southern  States;  another  favoring  a  small  representation  in 
the  Government;  and  a  third  favoring  a  large  representation. 
These  opinions  being  strangely  compounded  in  the  same  indi- 
viduals, and  divided  among  the  body,  produced  as  strange  a 
checker  of  projects  for  new-modelling  the  ratio  proposed  by 
the  other  House.  After  a  miscarriage  of  sundry  of  them,  and 
a  delay  severely  felt  at  Richmond,  they  at  length,  by  the 
casting  vote  of  the  chair,  agreed  on  a  change  of  the  ratio  to  1 
for  33,000.  To  this  the  House  of  Representatives  disagreed, 
by  a  bare  majority  only.  The  Senate  have  insisted,  and  the 
question  will  probably  be  to-morrow  renewed  in  the  House  of 
Representatives.  Should  they  adhere,  the  Senate  will  probably 
recede.  Should  a  conference  be  proposed,  the  issue  will  proba- 
bly be  less  favorable.  The  chance  may  be  bettered  if  Col.  Lee 
should  arrive  in  time,  who  is  said  to  be  on  the  road.  But  it 
may  happen  that  a  vote  of  concurrence  on  the  part  of  the  House 
of  Representatives  will  cut  the  business  short  without  a  further 
appeal  to  the  temper  of  the  Senate. 


1792.  LETTERS.  545 

Nothing  is  yet  public  with  respect  to  any  communications  of 
Mr.  Hammond  with  the  Executive  on  the  matters  in  general 
depending  between  this  country  and  his.  We  only  learn  that 
he  has  authoritatively  disavowed  any  encouragement  or  coun- 
tenance from  the  Government  of  Canada  to  Indian  hostilities 
against  the  United  States,  to  which  he  adds,  from  analogy  and 
his  personal  conviction,  that  no  such  countenance  can  have  been 
afforded  to  the  hostile  views  of  the  Creeks  attached  to  Bowles. 
Major  Thomas  Pinckney,  of  South  Carolina,  is  to  be  the  counter 
Minister  of  the  United  States  at  the  Court  of  Great  Britain. 

The  French  revolution  seems  to  have  succeeded  beyond  the 
most  sanguine  hopes.  The  King,  by  freely  accepting  the  Con- 
stitution, has  baffled  the  external  machinations  against  it,  and 
the  peaceable  election  of  a  Legislative  Assembly  of  the  same 
complexion  with  their  predecessors,  and  the  regular  commence- 
ment of  their  functions,  have  equally  suppressed  the  danger  of 
internal  confusions. 

With  the  most  affectionate  esteem,  I  remain,  dear  sir,  your 
obt  friend  and  serv*. 


TO  EDMUND  PENDLETON. 

PHILADELPHIA,  Jan'  21, 1792. 

DEAR  SIR, — I  have  delayed  for  some  time  writing,  in  the 
daily  expectation  that  I  should  be  able  to  resume  the  subject  of 
the  Representation  bill,  the  progress  and  fate  of  which  were 
mentioned  in  my  last.  A  motion  for  reviving  it  in  another 
form  has  been  some  days  on  the  table,  and  is  now  the  order 
of  the  day,  but  has  been  kept  back  partly  by  a  general  torpor 
resulting  from  the  critical  loss  of  the  bill,  and  partly  by  the 
interference  of  other  business.  The  motion  alluded  to  pro- 
poses, as  compensation  for  the  present  inequality  of  fractions, 
a  repetition  of  the  census  in  4  or  5  years,  which  will  have  not 
only  the  effect  of  shortening  the  term  of  the  fractions  com- 

VOL.  i.  35 


546  WORKS    OF    MADISON.  1792. 

plained  of,  but  of  preventing  the  accumulation  of  much  greater 
inequalities  within  a  period  of  ten  years.  This  expedient  is 
relished  generally  by  the  Southern  States,  and  by  New  York 
and  Vermont,  which  are  growing  States.  It  will  be  equally 
unpalatable  to  Massachusetts,  Connecticut,  &c.,  which  are  very 
willing  to  take  the  benefit  of  the  future  operation  of  an  appor- 
tionment for  ten  years,  although  they  raise  so  great  an  outcry 
against  the  little  fractional  advantage  accruing  to  other  States 
from  the  ratio  of  1  for  30,000. 

The  House  of  Representatives  has  been  occupied  for  some 
days,  with  shut  doors,  on  the  communications  of  the  President 
relating  to  the  Western  Frontiers.  There  is  a  pretty  general 
disposition  to  make  the  protection  effectual,  but  a  great  wrmt 
of  unanimity  as  to  the  best  means.  It  is  probable  that  much 
will  be  left  to  the  judgment  of  the  President;  and  it  is  to  be 
hoped  that  the  lessons  of  past  experience  will  not  be  without 
effect. 

I  have  reserved  for  you  a  copy  of  the  Report  of  the  Secretary 
of  the  Treasury  on  Manufactures,  for  which  I  hoped  to  have 
found  before  this  a  private  conveyance,  it  being  rather  bulky 
for  the  mail.  Having  not  yet  succeeded  in  hitting  on  an  oppor- 
tunity, I  send  you  a  part  of  it  in  a  newspaper,  which  broaches  a 
new  Constitutional  doctrine  of  vast  consequence,  and  demand- 
ing the  serious  attention  of  the  public.  I  consider  it  myself  as 
subverting  the  fundamental  and  characteristic  principle  of  the 
Government;  as  contrary  to  the  true  and  fair,  as  well  as  the 
received  construction,  and  as  bidding  defiance  to  the  sense  in 
which  the  Constitution  is  known  to  have  been  proposed,  advo- 
cated, and  adopted.  If  Congress  can  do  whatever  in  their  dis- 
cretion can  be  done  by  money,  and  will  promote  the  General 
Welfare,  the  Government  is  no  longer  a  limited  one,  possessing 
enumerated  powers,  but  an  indefinite  one,  subject  to  particular 
exceptions.  It  is  to  be  remarked  that  the  phrase  out  of  which 
this  doctrine  is  elaborated  is  copied  from  the  old  Articles  of 
Confederation,  where  it  was  always  understood  as  nothing 
more  than  a  general  caption  to  the  specified  powers,  and  it  is  a 


1792.  LETTERS.  547 

fact  that  it  was  preferred  in  the  new  instrument  for  that  very 
reason,  as  less  liable  than  any  other  to  misconstruction. 
Remaining  always  most  affectionately  yours. 


TO  GENL  H.   LEE. 

PHILADELPHIA,  Jan*  29th,  1792. 

MY  DEAR  Sm, — Mr.  Marshall  called  last  evening  with  your 
favor  of  the  17th,  but  not  being  at  home  I  have  not  yet  seen 
him.  The  subject  of  Western  defence  is  not  yet  over.  In 
relation  to  it  I  have  nothing  to  add  to  the  communications  in 
my  last.  You  will  see  in  Freneau's  paper  of  to-morrow  morn- 
ing the  justifying  memorial  of  the  Executive  against  the  charge 
of  neglecting  the  requisite  pacific  measures. 

Your  ideas  of  reformation  in  the  Western  system  appear  to 
me  to  be  just  in  every  point  on  which  I  can  presume  to  judge. 
I  wish  they  may  occur  to  those  who  can  give  them  due  effect. 


TO  GENL  H.   LEE. 

PHILADELPHIA,  Feb?  12th,  1792. 

MY  DEAR  SIR, — I  have  your  favor  of  the  29th  ultimo.  The 
Senate  have  disagreed  to  that  part  of  the  Military  Bill  which 
augmented  the  regular  establishment  to  about  5,000  men,  and 
will  probably  send  it  back  with  that  alteration.  They  prefer 
a  completion  only  of  the  old  Regiments,  and  a  liberal  provision 
for  temporary  forces.  Nothing  has  passed  from  which  I  can 
conjecture,  in  the  most  remote  degree,  whether  you  may  have  to 
decide  the  point  on  which  I  consulted  you.  It  was,  as  I  ob- 
served to  you,  a  mere  contingency  suggested  by  my  own  reflec- 
tions, and  so  continues.  The  moment  I  discover  what  is  meant 
to  be  done  on  that  subject,  whether  correspondent  with  my  own 
ideas,  or  not,  I  shall  drop  you  notice,  as  you  desire. 


548  WORKS    OF    MADISON.  1792. 

With  respect  to  the  light  in  which  an  exchange  of  Station* 
might  be  regarded  within  the  State,  it  is  not  possible  for  me  to 
judge  so  well  as  others.  I  feel  the  delicacy  involved  in  your 
contemplation  of  the  subject.  Perhaps  this  may  be  one  of  the 
cases  in  which  your  own  feelings  will  be  the  best  counsellor. 

The  papers  herewith  inclosed  will  give  you  the  current  in- 
formation, both  foreign  and  domestic.  Cornwallis  and  Tippbo 
cut  the  principal  figure  in  those  of  latest  date.  The  situation 
of  the  former  is  more  problematical  than  it  was  a  few  months 
before  the  siege  of  York.  An  assumption  of  the  State  debts  is 
reported,  and  printed  for  the  members.  The  motive  of  State 
interest  in  its  favor,  it  appears,  can  be  felt  only  by  about  one- 
third  of  the  house,  and  yet  I  shall  not  be  much  surprised  if  the 
measure  be  carried. 


TO  EDMUND   PENDLETON. 

PHILADELPHIA,  Febr  21, 1792. 

DEAR  SIR, — Your  favor  of  the  8th  did  not  come  to  hand  till 
this  afternoon.  I  thank  you  for  the  very  just  and  interesting 
observations  contained  in  it.  I  have. not  yet  met  with  an  op- 
portunity of  forwarding  the  Report  on  manufactures,  nor  has 
that  subject  been  yet  regularly  taken  up.  The  Constitutional 
doctrine,  however,  advanced  in  the  Report,  has  been  anticipated 
on  another  occasion  by  its  zealous  friends;  and  I  was  drawn 
into  a  few  hasty  animadversions,  the  substance  of  which  you 
will  find  in  one  of  the  inclosed  papers.  It  gives  me  great  pleas- 
ure to  find  my  exposition  of  the  Constitution  so  well  supported 
by  yours. 

The  Bill  concerning  the  election  of  a  President  and  vice 
President,  and  the  eventual  successor  to  both,  which  has  long 
been  depending,  has  finally  got  through  the  two  Houses.  It 
was  made  a  question  whether  the  number  of  electors  ought  to 
correspond  with  the  new  apportionment  or  the  existing  House 

*  He  was  then  Governor  of  Virginia.  A  military  appointment  had  been  sug- 
gested.— ED. 


1792.  LETTERS.  549 

of  Representatives.  The  text  of  the  Constitution  was  not  de- 
cisive, and  the  Northern  interest  was  strongly  in  favor  of  the 
latter  interpretation.  The  intrinsic  rectitude,  however,  of  the 
former,  turned  the  decision  in  both  houses  in  favor  of  the  South- 
ern. On  another  point  the  Bill  certainly  errs.  It  provides  that 
in  case  of  a  double  vacancy,  the  Executive  powers  shall  devolve 
on  the  President  pro  tempore  of  the  Senate,  and  he  failing,  on 
the  Speaker  of  the  House  of  Representatives.  The  objections 
to  this  arrangement  are  various:  1.  It  may  be  questioned 
whether  these  are  officers  in  the  Constitutional  sense.  2.  If  of- 
ficers, whether  both  could  be  introduced.  3.  As  they  are  cre- 
ated by  the  Constitution,  they  would  probably  have  been  there 
designated  if  contemplated  for  such  a  service,  instead  of  being 
left  to  the  Legislative  selection.  4.  Either  they  will  retain 
their  Legislative  stations,  and  then  incompatible  functions  will 
be  blended;  or  the  incompatibility  will  supersede  those  stations, 
and  then  those  being  the  substratum  of  the  adventitious  func- 
tions, these  must  fail  also.  The  Constitution  says,  Congress 
may  declare  what  officers,  &c.,  which  seems  to  make  it  not  an 
appointment  or  a  translation,  but  an  annexation  of  one  office  or 
trust  to  another  office.  The  House  of  Representatives  proposed 
to  substitute  the  Secretary  of  State,  but  the  Senate  disagreed, 
and  there  being  much  delicacy  in  the  matter  it  was  not  pressed 
by  the  former. 

Another  Representation  Bill  has  gone  to  the  Senate,  modelled 
on  the  double  idea  mentioned  in  my  last.  1  for  30,000  is  the 
ratio  fixed  both  for  the  late  and  the  proposed  census.  The  fate 
of  the  Bill  in  the  Senate  is  problematical.  The  Bill  immediately 
before  the  House  of  Representatives  is  a  Militia  Bill. 


TO  EDMUND   PENDLETON. 

PHILADELPHIA,  March  25,  1792. 

DEAE  SIR, — Your  favor  of  the  14th  came  to  hand  yesterday. 
You  were  right  in  saying  "  that  the  Northern  Cocks  are  true 
game,"  but  have  erred  in  adding,  "that  they  die  hard  on  the 


550  WORKS    OF    MADISON.  1792. 

Representation  bill."  Their  perseverance  has  gained  them  a 
final  victory.  The  bill  passed  on  friday  last  in  the  form  in 
which  it  was  sent  from  the  Senate;  that  is,  with  the  distribution 
of  120  members  among  the  States,  and  the  provision  for  a  sec- 
ond census  expunged.  It  was  carried  in  the  Senate  by  a  ma- 
jority of  one,  and  in  the  House  of  Representatives  by  a  majority 
of  two  only.  It  now  remains  with  the  President.  The  history 
of  this  subject  involves  many  unpleasing  circumstances,  and  the 
result  appears  to  me  absolutely  irreconcileable  with  the  Con- 
stitution. The  business  next  to  be  taken  up  are  the  reports 
from  the  Treasury  on  the  new  duties  on  trade,  the  enlargement 
of  the  times  for  subscribing  to  the  funding  system,  including  the 
assumption  part  of  it,  and  a  further  assumption  of  the  remain- 
ing State  debts.  The  last  alone  is  likely  to  become  doubtful, 
and  even  that  I  consider  as  gaining  converts  daily.  The  two 
first  will  be  urged,  as,  in  the  one  case,  a  reasonable  indulgence 
to  such  as  have  not  obtained  due  information  within  the  time 
limited;  and  the  other,  as  an  inevitable  consequence  of  the  mil- 
itary augmentation  provided  for  the  Western  defence.  The 
Militia  bill,  which  originated  in  the  House  of  Representatives, 
is  before  the  Senate;  and  the  Mint,  which  originated  in  the  lat- 
ter, will  receive  a  decision  on  its  3d  reading  in  the  former  to- 
morrow. We  have  no  late  information  from  Europe.  That 
from  S*  Domingo  paints  the  distress  of  the  Island  in  the  most 
gloomy  colours.  The  gambling  system,  which  has  been  pushed 
to  such  an  excess,  is  beginning  to  exhibit  its  explosions.  D . . . , 
of  N.  York,  the  Prince  of  the  tribe  of  speculators,  has  just  be- 
come a  victim  to  his  enterprizes,  and  involves  an  unknown  num- 
ber to  an  unknown  amount  in  his  fate.  It  is  said  by  some  that 
his  operations  have  extended  to  several  millions  of  dollars,  that 
they  have  been  carried  on  by  usurious  loans  from  3  to  6  per 
cent,  per  month,  and  that  every  description  and  gradation  of 
persons,  from  the  Church  to  the  Stews,  are  among  the  dupes  of 
his  dexterity  and  the  partners  of  his  distress. 

With  the  highest  esteem  and  affection,  I  remain,  dear  sir,  un 
alterably,  your  friend  and  serv*. 


1792.  LETTERS.  551 

TO  GEN1  H.   LEE. 

PHILADELPHIA,  March  28th,  1792. 

MY  DEAR  Sm, — No  nomination  has  yet  been  made  of  a  new 
Commander  for  the  Military  establishment,  nor  of  any  of  the 
Brigadiers  authorized  by  the  supplemental  act  lately  passed. 
I  refer  to  the  Newspapers  for  the  inferior  appointments  which 
have  taken  place.  It  is  understood  that  S*  Clair  is  not  to  re- 
main in  service.  A  proposition  was  yesterday  made  in  the 
House  of  Representatives  desiring  the  President  to  institute  an 
enquiry  into  the  cause  of  the  Western  calamities,  which,  for 
some  particular  reasons,  was  deemed  improper,  and  was  dis- 
agreed to,  but  another  passed  for  appointing  a  committee  to 
make  an  enquiry.  It  ought  to  have  confined  the  Committee  to 
such  circumstances  and  abuses  as  are  proper  information  for  the 
House,  and  an  explanatory  resolution  to  that  effect  was  laid 
on  the  table,  and  will  probably  be  taken  up  to-day. 

The  Mint  Bill  sent  from  the  Senate  passed  the  House  of  Rep- 
resentatives yesterday.  It  was  disliked  and  voted  against  by 
some  as  it  stands,  because  it  does  not  establish  any  systematic 
proportion  of  alloy,  conforming  to  the  arbitrary  one  of  the  last 
and  basest  edition  of  the  Spanish  dollar;  but  by  most,  on  account 
of  the  expense,  which  is  estimated  at  about  30,000  annually,  and 
the  additional  weight  of  influence  it  throws  into  the  preponder- 
ating scale.  In  the  course  of  the  bill  a  small  circumstance  hap- 
pened worthy  of  notice,  as  an  index  of  political  biasses.  The 
Senate  had  proposed  in  the  Bill  that  on  one  side  of  the  coin 
should  be  stamped  the  head  of  the  President  for  the  time  being. 
This  was  attacked  in  the  House  of  Representatives  as  a  feature 
of  Monarchy,  and  an  amendment  agreed  to  substituting  an  em- 
blematic figure  of  Liberty;  on  the  return  of  the  Bill  to  the  Sen- 
ate the  amendment  was  instantly  disagreed  to,  and  the  Bill  sent 
back  to  the  House  of  Representatives.  The  question  was  viewed, 
on  account  of  the  rapidity  and  decision  of  the  Senate,  as  more 
serious  than  at  first.  It  was  agitated  with  some  fervor,  and  the 
first  vote  of  the  house  confirmed  by  a  large  majority.  The  Sen- 
ate perceiving  the  temper,  and  afraid  of  losing  the  Bill,  as  well 


552  WORKS    OP    MADISON.  1792. 

as  unwilling  to  appeal  in  such  a  controversy  to  the  public  crit- 
icism, departed  from  their  habitual  perseverance,  and  acceded 
to  the  alteration  proposed. 


TO  EDMUND  PENDLETON. 

PHILADELPHIA,  April  9,  1792. 

DEAR  SIR, — You  will  find  by  the  inclosed  papers  that  the 
President's  negative  has  saved  us  from  the  unconstitutional  al- 
lotment of  120  Representatives  proposed  by  the  Bill  on  that 
subject.  The  contest  is  now  to  be  between  a  ratio  of  1  for  30, 
and  one  for  33  thousand.  If  the  next  bill  should  begin  with 
the  former,  I  think  it  most  likely  to  end  in  the  latter,  this  being 
most  favorable  to  the  northern  part  of  the  Union — the  circum- 
stance which  produced  the  curious  project  contained  in  the 
other  Bill.  The  assumption  of  the  remainder  of  the  State  debts, 
amounting  to  about  41,000,000  dollars,  has  been  lately  on  the 
anvil.  The  first  vote  was  in  its  favor.  On  the  2d,  it  was  thrown 
out.  It  will,  however,  be  pretty  certainly  renewed,  and,  in  the 
end,  not  improbably  carried.  Besides  a  legion  of  objections 
against  the  measure,  its  being  pressed  is  the  more  extraordi- 
nary, as  the  progress  of  the  Commissioners  for  settling  the  final 
balances  among  the  States  promises  a  conclusion  of  the  work 
almost  as  soon  as  provision  can  be  made  for  paying  the  first 
interest  on  the  debts  to  be  assumed.  For  the  plan  is,  to  pass 
the  assumption  now,  and  leave  the  revenue  to  be  provided  here- 
after. The  obligation  of  public  faith  will  then  be  an  answer  to 
all  objections  against  the  new  taxes,  or  contrivances  that  will 
be  called  for.  The  ways  and  means  for  the  Western  defence 
have  been  the  subject  of  latest  discussion.  They  consist  of  in- 
creased duties  on  imports;  and  it  is  to  be  feared  that  advantage 
will  be  taken  of  the  occasion  to  make  the  increase  permanent, 
although  the  object  is  temporary.  New  York  continues  to  be 

a  scene  of  Bankruptcies,  resulting  from 's  fate,  and  the 

fall  of  the  Stocks.    Every  day  exhibits  new  victims,  and  opens 
new  scenes  of  usury,  knavery,  and  folly.    If  the  Stocks  should 


1792.  LETTERS.  553 

not  be  artificially  revived,  it  is  suspected  that  the  ensuing  week 
will  be  a  very  trying  one  to  this  City. 


TO  GEN1  H.   LEE. 

PHILADELPHIA,  April  15th,  1792. 

MY  DEAR  SIR, — I  have  already  acquainted  you  with  the  nom- 
inations of  the  President  for  General  Officers.  They  have  all 
been  confirmed  by  the  Senate  except  Wilkinson,  who,  I  am  told, 
will  be  to-morrow.  The  Commander-in-Chief,  it  is  said,  went 
through  the  Senate  rather  against  the  bristles.  The  appoint- 
ment is  well  relished  of  course  by  some,  but  does  not  escape,  al- 
ready, considerable  criticism.  I  am  glad  to  find  by  your  letter 
of  the  4th,  which  did  not  come  to  hand  till  yesterday,  that  your 
inclinations  and  your  anticipations  so  well  coincide  as  they  re- 
lated to  yourself;  with  respect  to  mine,  the  latter  are  as  little 
disappointed  by  the  event  as  yours,  though  that  is  not  the  case 
as  to  the  former.  The  disappointment,  however,  would  be  more 
regretted  if  your  present  station  were  less  important,  and  par- 
ticularly to  our  own  Country,  at  the  present  moment. 

Your  remarks  on  the  augmented  duties  are  solid  and  weighty, 
but  they  will  not  prevail  against  the  aversion  to  other  taxes, 
and  the  collateral  views  to  be  answered  by  duties  on  imported 
manufactures.  The  worst  is,  that  many  of  the  new  duties  are 
made  permanent,  for  which  an  advantage  is  taken  of  the  pre- 
texts blended  with  the  original  cause. 

You  will  see  by  the  paper  republished  from  New  York  that 
the  scene  there  is  become  more  and  more  gloomy.  There  are 
reports  which  make  it  much  worse.  Speculating  and  Banking 
are  as  much  execrated  in  that  City  as  they  were  idolized  a  few 
weeks  ago.  The  language  will  probably  soon  become  general. 
Several  failures  have  taken  place  here,  notwithstanding  the  in- 
cessant and  elaborate  efforts  to  parry  such  a  catastrophe  as 
New  York  exhibits.  It  is  thought,  however,  that  an  earthquake, 
though  much  slighter,  will  be  inevitable  within  the  present 
month.  The  train  of  circumstances  which  has  led  to  these  evils 


554  WORKS    OF    MADISON.  1792. 

is  obvious;  and  reflections  must  soon  force  themselves  on  the 
public  mind,  from  which  it  has  hitherto  been  diverted  by  a  fal- 
lacious prosperity,  and  uncontradicted  declamation  in  the  Ga- 
zette. 

You  know  already  that  the  President  has  exerted  his  power 
of  checking  the  unconstitutional  career  of  Congress.  The  judges 
have  also  called  the  attention  of  the  public  to  Legislative  falli- 
bility, by  pronouncing  a  law  providing  for  Invalid  Pensioners 
unconstitutional  and  void;  perhaps  they  may  be  wrong  in  the 
execution  of  their  power,  but  such  an  evidence  of  its  existence 
gives  inquietude  to  those  who  do  not  wish  Congress  to  be  con- 
trouled  or  doubted  whilst  its  proceedings  correspond  with  their 
views.  I  suspect,  also,  that  the  inquietude  is  increased  by  the 
relation  of  such  a  power  to  the  Bank  Law,  in  the  public  con- 
templation, if  not  in  their  own. 

Nothing  done  since  my  last  on  the  further  assumption,  or  the 
Report  on  the  public  debt. 


Substance  of  a  Conversation  with  the  President,  5  May,  1792. 

In  consequence  of  a  note  this  morning  from  the  President, 
requesting  me  to  call  on  him,  I  did  so;  when  he  opened  the 
conversation  by  observing,  that  having  some  time  ago  commu- 
nicated to  me  his  intention  of  retiring  from  public  life  on  the 
expiration  of  his  four  years,  he  wished  to  advise  with  me  on  the 
mode  and  time  most  proper  for  making  known  that  intention. 
He  had,  he  said,  spoken  with  no  one  yet  on  those  particular 
points,  and  took  this  opportunity  of  mentioning  them  to  me, 
that  I  might  consider  the  matter,  and  give  him  my  opinion 
before  the  adjournment  of  Congress,  or  my  departure  from 
Philadelphia.  He  had,  he  said,  forborne  to  communicate  his 
intentions  to  any  other  persons  whatever  but  Mr.  Jefferson, 
Col.  Hamilton,  General  Knox,  and  myself,  and  of  late  to  Mr. 
Randolph.  Col.  Hamilton  and  Gen1  Knox,  he  observed,  were 
extremely  importunate  that  he  should  relinquish  his  purpose, 
and  had  made  pressing  representations  to  induce  him  to  it. 


1792.     CONVERSATION    WITH    THE    PRESIDENT.       555 

Mr.  Jefferson  had  expressed  his  wishes  to  the  like  effect.  He 
had  not,  however,  persuaded  himself  that  his  continuance  in 
public  life  could  be  of  so  much  necessity  or  importance  as  was 
conceived,  and  his  disinclination  to  it  was  becoming  every  day 
more  and  more  fixed;  so  that  he  wished  to  make  up  his  mind  as 
soon  as  possible  on  the  points  he  had  mentioned.  What  he 
desired  was,  to  prefer  that  mode  which  would  be  most  remote 
from  the  appearance  of  arrogantly  presuming  on  his  re-election 
in  case  he  should  not  withdraw  himself,  and  such  a  time  as 
would  be  most  convenient  to  the  public  in  making  the  choice 
of  his  successor.  It  had,  he  said,  at  first  occurred  to  him,  that 
the  commencement  of  the  ensuing  session  of  Congress  would 
furnish  him  with  an  apt  occasion  for  introducing  the  intimation; 
but  besides  the  lateness  of  the  day,  he  was  apprehensive  that  it 
might  possibly  produce  some  notice  in  the  reply  of  Congress 
that  might  entangle  him  in  farther  explanations. 

I  replied,  that  I  would  revolve  the  subject  as  he  desired,  and 
communicate  the  result  before  my  leaving  Philadelphia,  but 
that  I  could  not  but  yet  hope  there  would  be  no  necessity  at 
this  time  for  his  decision  on  the  two  points  he  had  stated.  I 
told  him  that  when  he  did  me  the  honor  to  mention  the  resolu- 
tion he  had  taken,  I  had  forborne  to  do  more  than  briefly 
express  my  apprehensions  that  it  would  give  a  surprise  and 
shock  to  the  public  mind,  being  restrained  from  enlarging  on 
the  subject  by  an  unwillingness  to  express  sentiments  sufficiently 
known  to  him,  or  to  urge  objections  to  a  determination  which, 
if  absolute,  it  might  look  like  affectation  to  oppose;  that  the 
aspect  which  things  had  been  latterly  assuming  seemed,  how- 
ever, to  impose  the  task  on  all  who  had  the  opportunity  of 
urging  a  continuance  of  his  public  services;  and  that,  under 
such  an  impression,  I  held  it  a  duty,  not  indeed  to  express  my 
wishes,  which  would  be  superfluous,  but  to  offer  my  opinion 
that  his  retiring  at  the  present  juncture  might  have  effects  that 
ought  not  to  be  hazarded;  that  I  was  not  unaware  of  the 
urgency  of  his  inclination,  or  of  the  peculiar  motives  he  might 
feel  to  withdraw  himself  from  a  situation  into  which  it  was  so 
well  known  to  myself  he  had  entered  with  a  scrupulous  reluc- 


556  WORKS    OF    MADISON.  1792. 

tance;  that  I  well  recollected  the  embarrassments  under  which 
his  mind  labored  in  deciding  the  question  on  which  he  had  con- 
sulted me,  whether  it  could  be  his  duty  to  accept  his  present 
station  after  having  taken  a  final  leave  of  public  life;  and  that 
it  was  particularly  in  my  recollection  that  I  then  entertained 
and  intimated  a  wish  that  his  acceptance,  which  appeared  to  be 
indispensable,  might  be  known  hereafter  to  have  been  in  no 
degree  the  effect  of  any  motive,  which  strangers  to  his  charac- 
ter might  suppose,  but  of  the  severe  sacrifice  which  his  friends 
knew  he  made  of  his  inclinations  as  a  man  to  his  obligations  as 
a  citizen;  that  I  owned  I  had  at  that  time  contemplated,  and,  I 
believed,  suggested,  as  the  most  unequivocal  though  not  the 
only  proof  of  his  real  motive,  a  voluntary  return  to  private 
life  as  soon  as  the  state  of  the  government  would  permit;  trust- 
ing that  if  any  premature  casualty  should  unhappily  cut  off  the 
possibility  of  this  proof,  the  evidence  known  to  his  friends 
would  in  some  way  or  other  be  saved  from  oblivion,  and  do 
justice  to  his  character;  that  I  was  not  less  anxious  on  the 
same  point  now  than  I  was  then;  and  if  I  did  not  conceive  that 
reasons  of  a  like  kind  to  those  which  required  him  to  under- 
take still  required  him  to  retain,  for  some  time  longer,  his 
present  station,  or  did  not  presume  that  the  purity  of  his 
motives  would  be  sufficiently  vindicated,  I  should  be  the  last 
of  his  friends  to  press,  or  even  to  wish,  such  a  determination. 
He  then  entered  on  a  more  explicit  disclosure  of  the  state  of 
his  mind;  observing  that  he  could  not  believe  or  conceive  him- 
self any  wise  necessary  to  the  successful  administration  of  the 
Government;  that,  on  the  contrary,  he  had  from  the  beginning 
found  himself  deficient  in  many  of  the  essential  qualifications, 
owing  to  his  inexperience  in  the  forms  of  public  business,  his 
unfitness  to  judge  of  legal  questions,  and  questions  arising  out 
of  the  Constitution;  that  others  more  conversant  in  such  mat- 
ters would  be  better  able  to  execute  the  trust;  that  he  found 
himself,  also,  in  the  decline  of  life,  his  health  becoming  sensibly 
more  infirm,  and  perhaps  his  faculties  also;  that  the  fatigues 
and  disagreeableness  of  his  situation  were  in  fact  scarcely  toler- 
able to  him;  that  he  only  uttered  his  real  sentiments  when  he 


1792.      CONVERSATION    WITH    THE    PRESIDENT.       557 

declared  that  his  inclination  would  lead  him  rather  to  go  to  his 
farm,  take  his  spade  in  his  hand,  and  work  for  his  bread,  than 
remain  in  his  present  situation;  that  it  was  evident,  moreover, 
that  a  spirit  of  party  in  the  Government  was  becoming  a  fresh 
source  of  difficulty,  and  he  was  afraid  was  dividing  some  (al- 
luding to  the  Secretary  of  State  and  Secretary  of  the  Treasury) 
more  particularly  connected  with  him  in  the  administration; 
that  there  were  discontents  among  the  people  which  were  also 
shewing  themselves  more  and  more,  and  that  although  the  va- 
rious attacks  against  public  men  and  measures  had  not  in  gen- 
eral been  pointed  at  him,  yet,  in  some  instances,  it  had  been  vis- 
ible that  he  was  the  indirect  object,  and  it  was  probable  the 
evidence  would  grow  stronger  and  stronger  that  his  return  to 
private  life  was  consistent  with  every  public  consideration,  and, 
consequently,  that  he  was  justified  in  givingVay  to  his  inclina- 
tion for  it. 

I  was  led  by  this  explanation  to  remark  to  him,  that  however 
novel  or  difficult  the  business  might  have  been  to  him,  it  could 
not  be  doubted  that,  with  the  aid  of  the  official  opinions  and  in- 
formations within  his  command,  his  judgment  must  have  been 
as  competent  in  all  cases  as  that  of  any  one  who  could  have 
been  put  in  his  place,  and,  in  many  cases,  certainly  more  so;  that 
in  the  great  point  of  conciliating  and  uniting  all  parties  under 
a  Government  which  had  excited  such  violent  controversies  and 
divisions,  it  was  well  known  that  his  services  had  been  in  a 
manner  essential;  that  with  respect  to  the  spirit  of  party  that 
was  taking  place  under  the  operations  of  the  Government,  I  was 
sensible  of  its  existence,  but  considered  that  as  an  argument  for 
his  remaining,  rather  than  retiring,  until  the  public  opinion,  the 
character  of  the  Government,  and  the  course  of  its  administra- 
tion, should  be  better  decided,  which  could  not  fail  to  happen  in 
a  short  time,  especially  under  his  auspices;  that  the  existing 
parties  did  not  appear  to  be  so  formidable  to  the  Government 
as  some  had  represented;  that  in  one  party  there  might  be  a  few 
who,  retaining  their  original  disaffection  to  the  Government, 
might  still  wish  to  destroy  it,  but  that  they  would  lose  their 
weight  with  their  associates  by  betraying  any  such  hostile  pur- 


558  WORKS    OF    MADISON.  1792. 

poses;  that  although  it  was  pretty  certain  that  the  other  were, 
in  general,  unfriendly  to  republican  Government,  and  probably 
aimed  at  a  gradual  approximation  of  ours  to  a  mixed  monarchy, 
yet  the  public  sentiment  was  so  strongly  opposed  to  their 
views,  and  so  rapidly  manifesting  itself,  that  the  party  could 
not  long  be  expected  to  retain  a  dangerous  influence;  that  it 
might  reasonably  be  hoped,  therefore,  that  the  conciliating  in- 
fluence of  a  temperate  and  wise  administration  would,  before 
another  term  of  four  years  should  run  out,  give  such  a  tone  and 
firmness  to  the  Government  as  would  secure  it  against  danger 
from  either  of  these  descriptions  of  enemies;  that  although  I 
would  not  allow  myself  to  believe  but  that  the  Government 
would  be  safely  administered  by  any  successor  elected  by  the 
people,  yet  it  was  not  to  be  denied,  that  in  the  present  unsettled 
condition  of  our  yflung  Government,  it  was  to  be  feared  that  no 
successor  would  answer  all  the  purposes  to  be  expected  from 
the  continuance  of  the  present  chief  magistrate;  that  the  option 
evidently  lay  between  a  few  characters;  Mr.  Adams,  Mr.  Jay, 
and  Mr.  Jefferson,  were  most  likely  to  be  brought  into  view; 
that  with  respect  to  Mr.  Jefferson,  his  extreme  repugnance  to 
public  life,  and  anxiety  to  exchange  it  for  his  farm  and  his  phi- 
losophy, made  it  doubtful  with  his  friends  whether  it  would  be 
possible  to  obtain  his  own  consent;  and  if  obtained,  whether 
local  prejudices  in  the  Northern  States,  with  the  views  of  Penn- 
sylvania in  relation  to  the  seat  of 'Government,  would  not  be  a 
bar  to  his  appointment.  With  respect  to  Mr.  Adams,  his  mo- 
narchical principles,  which  he  had  not  concealed,  with  his  late 
conduct  on  the  representation  bill,  had  produced  such  a  settled 
dislike  among  republicans  every  where,  and  particularly  in  the 
Southern  States,  that  he  seemed  to  be  out  of  the  question.  It 
would  not  be  in  the  power  of  those  who  might  be  friendly  to 
his  private  character  and  willing  to  trust  him  in  a  public  one, 
notwithstanding  his  political  principles,  to  make  head  against 
the  torrent.  With  respect  to  Mr.  Jay,  his  election  would  be 
extremely  dissatisfactory  on  several  accounts.  By  many  he  was 
believed  to  entertain  the  same  obnoxious  principles  with  Mr. 
Adams,  and  at  the  same  time  would  be  less  open,  and  therefore 


1792.      CONVERSATION    WITH    THE    PRESIDENT.       559 

more  successful  in  propagating  them.  By  others,  (a  pretty  nu- 
merous class,)  he  was  disliked  and  distrusted,  as  being  thought 
to  have  espoused  the  claims  of  British  creditors  at  the  expense  of 
the  reasonable  pretensions  of  his  fellow-citizens  in  debt  to  them. 
Among  the  Western  people,  to  whom  his  negotiations  for  ceding 
the  Mississippi  to  Spain  were  generally  known,  he  was  consid- 
ered as  their  most  dangerous  enemy,  and  held  in  peculiar  dis- 
trust and  disesteem.  In  this  state  of  our  prospects,  which  was 
rendered  more  striking  by  a  variety  of  temporary  circumstances, 
I  could  not  forbear  thinking  that  although  his  retirement  might 
not  be  fatal  to  the  public  good,  yet  a  postponement  of  it  was 
another  sacrifice  exacted  by  his  patriotism. 

Without  appearing  to  be  any  wise  satisfied  with  what  I  had 
urged,  he  turned  the  conversation  to  other  subjects;  and  when  I 
was  withdrawing  repeated  his  request  that  I  would  think  of  the 
points  he  had  mentioned  to  me,  and  let  him  have  my  ideas  on 
them  before  the  adjournment.  I  told  him  I  would  do  so,  but 
still  hoped  his  decision  on  the  main  question  would  supersede 
for  the  present  all  such  incidental  questions. 

WEDNESDAY  EVENING,  May  9, 1792. 

Understanding  that  the  President  was  to  set  out  the  ensuing 
morning  for  Mount  Vernon,  I  called  on  him  to  let  him  know 
that,  as  far  as  I  had  formed  an  opinion  on  the  subject  he  had 
mentioned  to  me,  it  was  in  favor  of  a  direct  address  of  notifica- 
tion to  the  public,  in  time  for  its  proper  effect  on  the  election, 
which  I  thought  might  be  put  into  such  a  form  as  would  avoid 
every  appearance  of  presumption  or  indelicacy,  and  seemed  to 
be  absolutely  required  by  his  situation.  I  observed  that  no 
other  mode  deserving  consideration  had  occurred,  except  the 
one  he  had  thought  of  and  rejected,  which  seemed  to  me  liable 
to  the  objections  that  had  weighed  with  him.  I  added,  that  if 
on  farther  reflection  I  should  view  the  subject  in  any  new  lights, 
I  would  make  it  the  subject  of  a  letter,  though  I  retained  my 
hopes  that  it  would  not  yet  be  necessary  for  him  to  come  to 
any  opinion  on  it.  He  begged  that  I  would  do  so,  and  also 
suggest  any  matters  that  might  occur  as  proper  to  be  included 


560  WORKS    OF    MADISON.  1792. 

in  what  he  might  say  to  Congress  at  the  opening  of  their  next 
session;  passing  over  the  idea  of  his  relinquishing  his  purpose 
of  retiring  in  a  manner  that  did  not  indicate  the  slightest  as- 
sent to  it. 

FRIDAY,  May  25, 1792. 

I  met  the  President  on  the  road  returning  from  Mount  Ver- 
non  to  Philadelphia,  when  he  handed  me  the  letter  dated  at  the 
latter  place  on  the  20th  of  May,  the  copy  of  the  answer  to  which 
on  the  21st  of  June  is  annexed. 


TO  MB.   JEFFERSON. 

ORANGE,  June  12th,  1792. 

MY  DEAR  SIR, — Since  I  got  to  the  end  of  my  journey  I  have 
been  without  an  opportunity  of  dropping  you  a  line,  and  this  is 
written  merely  to  be  ready  for  the  first  casual  conveyance  to 
Fredericksburg. 

I  received  yesterday  your  two  favors,  No.  1  and  2.  The  Ga- 
zettes, under  a  preceding  cover,  had  come  to  hand  some  days 
before.  Your  answer  to  Hammond  has,  on  the  whole,  got  tri- 
umphantly through  the  ordeal.*  It  is  certainly  not  materially 
injured,  though,  perhaps,  a  little  defaced,  by  some  of  the  criti- 
cisms to  which  you  have  yielded.  The  points  on  which  you  did 
not  relax  appear  to  me  to  be  fully  vindicated;  the  main  ones 
unanswerably  so.  The  doctrine  which  would  make  the  States 
the  contracting  parties  could  have  been  as  little  expected  from 
that  quarter  as  it  is  irreconcilable  with  the  tenor  of  their  con- 
federation. The  expectation  of  Hammond,  if  sincere,  of  final 
instructions  by  the  meeting  of  Congress,  throws  light,  I  think, 
on  the  errand  of  Bond.  He  can  scarcely  calculate  on  the  re- 
sult of  his  Court's  reconsideration  of  the  subject  within  the 
short  time  allowed  by  five  months,  after  deducting  the  double 
voyage. 

I  have  letters  from  Kentucky  down  to  the  8th  May.    Little 

*  In  the  Cabinet 


LETTERS.  561 

depredations  from  the  savages  continue  to  be  complained  of. 
The  people,  however,  are  chiefly  occupied  with  the  approaching 
distribution  of  the  new  offices.  Nothing  is  said  as  to  their  prob- 
able Govr.  Congress  and  the  Judiciary  are  thought  of  more 
importance  to  the  State.  Brown  can  be  what  he  pleases.  Some 
are  disposed  to  fix  him  on  the  Bench.  None  will  object  to  his 
going  into  the  Senate,  if  that  should  be  his  choice.  Campbell 
and  Muter  are  the  other  names  in  conversation  for  the  Senate, 
and  Brackenridge  and  Greenup  for  the  House  of  Representa- 
tives. I  have  this  information  from  a  Mr.  Taylor,  a  pretty  in- 
telligent man,  engaged  in  their  public  affairs.  George  Nicholas 
specifies  no  names,  observing  that  it  is  impossible  to  conjecture 
those  that  will  succeed  in  the  competitions.  Among  the  con- 
tents of  the  enclosed  letter  is  a  printed  copy  of  the  Constitution 
of  Kentucky,  as  finally  agreed  to.  You  can  take  out  that  or 
anything  else  for  perusal,  as  you  please,  after  which  you  will  be 
good  enough  to  have  the  letter  handed  in  such  way  as  you  may 
judge  best.  I  would  not  have  thrown  the  trouble  on  you  if 
any  other  channel  had  occurred. 

The  unpopularity  of  the  excise  has  evidently  increased  in  this 
quarter,  owing  partly  to  the  effect  of  Sidney',*  who  has  found 
his  way  here,  and  partly  to  the  unavoidable  vexations  it  car- 
ries into  the  family  distilleries. 

The  tax  on  newspapers  is  another  article  of  grievance.  It  is 
not  very  well  understood,  but  if  it  were,  it  would  not  be  satis- 
factory: first,  because  too  high;  secondly,  because  suspected  of 
being  an  insidious  forerunner  of  something  worse.  I  am  afraid 
the  subscriptions  will  soon  begin  to  be  withdrawn  from  the 
Philadelphia  papers,  unless  some  step  be  speedily  taken  to  pre- 
vent it.  The  best  that  occurs  seems  to  be  to  advertize  that  the 
papers  will  not  be  put  into  the  mail,  but  sent,  as  heretofore,  to  all 
who  shall  not  direct  them  to  be  put  into  the  mail.  Will  you 
hint  this  to  Freneau?  His  subscribers  in  this  quarter  seem 
pretty  well  satisfied  with  the  degree  of  regularity  and  safety 

*  Writer  in  the  Gazette. 
VOL.  i.  36 


562  WORKS    OF    MADISON.  1792. 

with  which  they  get  the  papers,  and  highly  pleased  with  the 
paper  itself. 

I  found  this  country  labouring  under  a  most  severe  drought. 
There  had  been  no  rain  whatever  since  the  18th  or  20th  of 
April.  The  flax  and  oats  generally  destroyed;  the  corn  dying 
in  the  hills.  No  Tobacco  planted,  and  the  wheat  in  weak  land 
suffering;  in  the  strong,  not  injured  materially;  in  the  very 
strong,  perhaps  benefited.  Eight  days  ago  there  was  a  very 
local  shower  here.  A  day  or  two  after,  a  better,  but  still  very 
local.  Neither  of  them,  from  appearances,  extended  as  far  south 
as  Albemarle.  For  several  days  past  it  has  rained  almost  con- 
stantly, and  is  still  raining,  with  the  wind  from  North  East, 
with  every  appearance  of  a  general  rain;  so  that  the  only  dan- 
ger now  is  of  too  much  wet  for  the  wheat,  which  I  am  happy  to 
find  has  effectually  supplanted  tobacco  in  the  conversation  and 
anxieties  of  our  crop-mongers,  and  is  rapidly  doing  so  in  their 
fields. 

I  met  the  President  on  the  road.  I  had  no  conversation 
with  him,  but  he  handed  me  a  letter  which  he  had  written  to 
me  at  home.  Its  contents  are  very  interesting,  but  do  not  ab- 
solutely decide  the  problem*  which  dictated  yours  to  him. 

Monroe  and  his  lady  left  us  on  Wednesday,  on  their  way 
home.  He  is  to  meet  the  revisors  at  Richmond  about  the  15th. 
I  understood  Mrs.  M.  was  to  be  added  to  the  family  at  Monti- 
cello  during  his  absence. 

Will  you  be  so  good  as  to  cover  under  your  next  a  copy  of 
Mease's  inaugural  oration  on  the  Hydrophobia?  Rush  sent  me 
a  copy,  which  had  just  been  printed,  the  morning  I  set  out,  for 
Dr  Jones.  I  wished  to  have  got  one  for  another  friend,  but  had 
not  time.  If  the  bulk  will  permit,  send  two,  and  I  will  send 
one  for  the  amusement  of  Gilmer,  who,  I  hear,  though  through 
imperfect  channels,  is  still  in  a  critical  situation. 
Always  and  affectionately  yours. 


*  Declining  a  re-election. 


1792.  LETTERS.  563 

The  promised  list  of  names  is  enclosed.    When  your  Tableau 
of  national  debts  and  polls  is  made  out,  may  I  ask  a  copy? 


TO  PRESIDENT  WASHINGTON. 

ORANGE,  June  21,  1792. 

DEAR  Sm, — Having  been  left  to  myself  for  some  days  past,  I 
have  made  use  of  the  opportunity  for  bestowing  on  your  letter  of 
the  20th  ult°,  handed  to  me  on  the  road,  the  attention  which 
its  important  contents  claimed.  The  questions  which  it  presents 
for  consideration  are — 1st.  At  what  time  a  notification  of  your 
purpose  to  retire  will  be  most  convenient  ?  2.  What  mode  will 
be  most  eligible  ?  3.  Whether  a  valedictory  address  will  be 
requisite  or  advisable?  4.  If  either,  whether  it  would  be 
more  properly  annexed  to  the  notification,  or  postponed  to  your 
actual  retirement? 

The  answer  to  the  first  question  involves  two  points:  first, 
the  expediency  of  delaying  the  notification;  secondly,  the  pro- 
priety of  making  it  before  the  choice  of  electors  takes  place, 
that  the  people  may  make  the  choice  with  an  eye  to  the  circum- 
stances under  which  the  trust  is  to  be  executed.  On  the  first 
point,  the  reasons  for  as  much  delay  as  possible  are  too  obvious 
to  need  recital.  The  second,  depending  on  the  times  fixed  in 
the  several  States,  which  must  be  within  34  days  preceding  the 
first  Wednesday  in  December,  requires  that  the  notification 
should  be  in  time  to  pervade  every  part  of  the  Union  by  the 
beginning  of  November.  Allowing  six  weeks  for  this  purpose, 
the  middle  of  September,  or  perhaps  a  little  earlier,  would 
seem  a  convenient  date  for  the  act. 

2.  With  regard  to  the  mode,  none  better  occurs  than  a  simple 
publication  in  the  newspapers.  If  it  were  proper  to  address  it 
through  the  medium  of  the  general  Legislature,  there  will  be  no 
opportunity.  Nor  does  the  change  of  situation  seem  to  admit 
a  recurrence  to  the  State  governments,  which  were  the  channels 
used  for  the  former  valedictory  address.  A  direct  address  to 
the  people,  who  are  your  only  constituents,  can  be  made,  I 


564  WORKS    OF    MADISON.  1792. 

think,  with  most  propriety,  through  the  independent  channel  of 
the  press,  through  which  they  are,  as  a  constituent  Body,  usually 
addressed. 

3.  On  the  third  question,  I  think  there  can  be  no  doubt  that 
such  an  address  is  rendered  proper  in  itself  by  the  peculiarity 
and  importance  of  the  circumstances  which  mark  your  situation, 
and  advisable  by  the  salutary  and  operative  lessons  of  which  it 
may  be  made  the  vehicle.     The  precedent  at  your  military 
exit  might  also  subject  an  omission  now  to  conjectures  and  in- 
terpretations which  it  would  not  be  well  to  leave  room  for. 

4.  The  remaining  question  is  less  easily  decided.     Advan- 
tages and  objections  lie  on  both  sides  of  the  alternative.     The 
occasion  on  which  you  are  necessarily  addressing  the  people 
evidently  introduces,  most  easily   and  most  delicately,   any 
voluntary  observations  that  are  meditated.     In  another  view,  a 
farewell  address  before  the  final  moment  of  departure  is  liable 
to  the  appearance  of  being  premature  and  awkward.     On  the 
opposite  side  of  the  alternative,  however,  a  postponement  will 
beget  a  dryness  and  an  abridgment  in  the  first  address  little 
corresponding  with  the  feelings  which  the  occasion  would  natu- 
rally produce  both  in  the  author  and  the  objects  of  it;  and 
though  not  liable  to  the  above  objection,  would  require  a  re- 
sumption of  the  subject  apparently  more  forced,  and  on  which 
the  impressions  having  been  anticipated  and  familiarized,  and 
the  public  mind  diverted,  perhaps,  to  other  scenes,  a  second 
address  would  be  received  with  less  sensibility  and  effect  than 
if  incorporated  with  the  impressions  incident  to  the  original 
one.    It  is  possible,  too,  that,  previous  to  the  close  of  the  term, 
circumstances  might  intervene  in  relation  to  public  affairs,  or 
the  succession  to  the  Presidency,  which  would  be  more  embar- 
rassing, if  existing  at  the  time  of  a  valedictory  appeal  to  the 
public,  than  if  unknown  at  the  time  of  that  delicate  measure. 

On  the  whole,  my  judgment  leans  to  the  propriety  of  blend- 
ing the  acts  together;  and  the  more  so,  as  the  crisis  which  will 
terminate  your  public  career  will  still  afford  an  opportunity,  if 
any  immediate  contingency  should  call  for  a  supplement  to 
your  farewell  observations.  But  as  more  correct  views  of  the 


1792.  DRAUGHT    OF    ADDRESS.  555 

subject  may  produce  a  different  result  in  your  mind,  I  have  en- 
deavored to  fit  the  draught  enclosed  to  either  determination. 
You  will  readily  observe  that  in  executing  it  I  have  arrived  at 
that  plainness  and  modesty  of  language  which  you  had  in  view, 
and  which,  indeed,  are  so  peculiarly  becoming  the  character  and 
the  occasion;  and  that  I  have  had  little  more  to  do  as  to  the 
matter  than  to  follow  the  very  just  and  comprehensive  outline 
which  you  had  sketched.  I  flatter  myself,  however,  that  in 
everything  which  has  depended  on  me,  much  improvement  will  be 
made  before  so  interesting  a  paper  shall  have  taken  its  last  form. 
Having  thus,  sir,  complied  with  your  wishes,  by  proceeding 
on  a  supposition  that  the  idea  of  retiring  from  public  life  is  to 
be  carried  into  execution,  I  must  now  gratify  my  own  by  hoping 
that  a  reconsideration  of  the'  measure,  in  all  its  circumstances 
and  consequences,  will  have  produced  an  acquiescence  in  one 
more  sacrifice,  severe  as  it  may  be,  to  the  desires  and  interests 
of  your  country.  I  forbear  to  enter  into  the  arguments  which 
plead  for  it  in  my  mind,  because  it  would  be  only  repeating 
what  I  have  already  taken  the  liberty  of  fully  explaining.  But 
I  could  not  conclude  such  a  letter  as  the  present  without  a 
repetition  of  my  ardent  wishes  and  hopes  that  our  country  may 
not,  at  this  important  conjuncture,  be  deprived  of  the  inestima- 
ble advantage  of  having  you  at  the  head  of  its  counsels. 


[Draught  enclosed  in  the  above.~\ 

The  period  which  will  close  the  appointment  with  which  my 
fellow-citizens  have  honored  me  being  not  very  distant,  and  the 
time  actually  arrived  at  which  their  thoughts  must  be  designa- 
ting the  citizen  who  is  to  administer  the  Executive  Government 
of  the  U.  S.  during  the  ensuing  term,  it  may  be  requisite  to  a 
more  distinct  expression  of  the  public  voice  that  I  should  ap- 
prize such  of  my  fellow-citizens  as  may  retain  their  partiality 
towards  me,  that  I  am  not  to  be  numbered  among  those  out  of 
whom  a  choice  is  to  be  made. 
I  beg  them  to  be  assured  that  the  resolution  which  dictates 


566  WORKS    OF    MADISON.  1792. 

this  intimation  has  not  been  taken  without  the  strictest  regard 
to  the  relation  which,  as  a  dutiful  citizen,  I  bear  to  my  country; 
and  that  in  withdrawing  that  tender  of  my  service  which  silence 
in  my  situation  might  imply,  I  am  not  influenced  by  the  smallest 
deficiency  of  zeal  for  its  future  interests,  or  of  grateful  respect 
for  its  past  kindness,  but  by  the  fullest  persuasion  that  such  a 
step  is  compatible  with  both. 

The  impressions  under  which  I  entered  on  the  present  ardu- 
ous trust  were  explained  on  the  proper  occasion.  In  discharge 
of  this  trust,  I  can  only  say  that  I  have  contributed  towards 
the  organization  and  administration  of  the  Government  the  best 
exertions  of  which  a  very  fallible  judgment  was  capable.  For 
any  errors  which  may  have  flowed  from  this  source,  I  feel  all 
the  regret  which  an  anxiety  for  the  public  good  can  excite;  not 
without  the  double  consolation,  however,  arising  from  a  con- 
sciousness of  their  being  involuntary,  and  an  experience  of  the 
candor  which  will  interpret  them.  If  there  were  any  circum- 
stances which  could  give  value  to  my  inferior  qualifications  for 
the  trust,  these  circumstances  must  have  been  temporary.  In 
this  light  was  the  undertaking  viewed  when  I  ventured  upon 
it.  Being,  moreover,  still  farther  advanced  into  the  decline  of 
life,  I  am  every  day  more  sensible  that  the  increasing  weight 
of  years  renders  the  private  walks  of  it  in  the  shade  of  retire- 
ment as  necessary  as  they  will  be  acceptable  to  me.  May  I  be 
allowed  to  add  that  it  will  be  among  the  highest,  as  well  as  the 
purest  enjoyments  that  can  sweeten  the  remnant  of  my  days,  to 
partake  in  a  private  station,  in  the  midst  of  my  fellow-citizens, 
of  that  benign  influence  of  good  laws  under  a  free  Government 
which  has  been  the  ultimate  object  of  all  our  wishes,  and  in 
which  I  confide  as  the  happy  reward  of  our  cares  and  labors  ? 
May  I  be  allowed  further  to  add,  as  a  consideration  far  more 
important,  that  an  early  example  of  rotation  in  an  office  of  so 
high  and  delicate  a  nature  may  equally  accord  with  the  repub- 
lican spirit  of  our  Constitution,  and  the  ideas  of  liberty  and 
safety  entertained  by  the  people  ? 

(If  a  farewell  address  is  to  be  added  at  the  expiration  of  the 
term,  the  following  paragraph  may  conclude  the  present:) 


1792.  DRAUGHT    OF    ADDRESS.  557 

Under  these  circumstances,  a  return  to  my  private  station, 
according  to  the  purpose  with  which  I  quitted  it,  is  the  part 
which  duty  as  well  as  inclination  assigns  me.  In  executing  it, 
T  shall  carry  with  me  every  tender  recollection  which  gratitude 
to  my  fellow-citizens  can  awaken,  and  a  sensibility  to  the  per- 
manent happiness  of  my  country  that  will  render  it  the  object 
of  my  unceasing  vows  and  most  fervent  supplications. 

(Should  no  further  address  be  intended,  the  preceding  clause 
may  be  omitted,  and  the  present  address  proceed  as  follows:) 

In  contemplating  the  moment  at  which  the  curtain  is  to  drop 
forever  on  the  public  scenes  of  my  life,  my  sensations  anticipate, 
and  do  not  permit  me  to  suspend,  the  deep  acknowledgments  re- 
quired by  that  debt  of  gratitude  which  I  owe  to  my  beloved 
country  for  the  many  honors  it  has  conferred  on  me,  for  the  dis- 
tinguished confidence  it  has  reposed  in  me,  and  for  the  opportu- 
nities I  have  thus  enjoyed  of  testifying  my  inviolable  attach- 
ment by  the  most  stedfast  services  which  my  faculties  could  ren- 
der. All  the  returns  I  have  now  to  make  will  be  in  those  vows 
which  I  shall  carry  with  me  to  my  retirement  and  to  my  grave, 
that  Heaven  may  continue  to  favor  the  people  of  the  United 
States  with  the  choicest  tokens  of  its  beneficence;  that  their 
union  and  brotherly  affection  may  be  perpetual;  that  the  free 
Constitution,  which  is  the  work  of  their  own  hands,  may  be  sa- 
credly maintained;  that  its  administration  in  every  Department 
may  be  stamped  with  wisdom  and  with  virtue,  and  that  this 
character  may  be  ensured  to  it  by  that  watchfulness  over  public 
servants  and  public  measures  which,  on  one  hand,  will  be  neces- 
sary to  prevent  or  correct  a  degeneracy,  and  that  forbearance, 
on  the  other,  from  unfounded  or  indiscriminate  jealousies,  which 
would  deprive  the  public  of  the  best  services  by  depriving  a 
conscious  integrity  of  one  of  the  noblest  incitements  to  perform 
them;  that,  in  fine,  the  happiness  of  the  people  of  America  under 
the  auspices  of  liberty  may  be  made  complete,  by  so  careful  a 
preservation  and  so  prudent  a  use  of  this  blessing  as  will  ac- 
quire them  the  glorious  satisfaction  of  recommending  it  to  the 
affection,  the  praise,  and  the  adoption,  of  every  nation  which  is 
yet  a  stranger  to  it. 


568  WORKS    OF    MADISON.  1792. 

And  may  we  not  dwell  with  well-grounded  hopes  on  this  flat- 
tering prospect,  when  we  reflect  on  the  many  ties  by  which  the 
people  of  America  are  bound  together,  and  the  many  proofs  they 
have  given  of  an  enlightened  judgment  and  a  magnanimous  pa- 
triotism? 

We  may  all  be  considered  as  the  children  of  one  common 
country.  We  have  all  been  embarked  in  one  common  cause. 
We  have  all  had  our  share  in  common  sufferings  and  common 
•successes.  The  portion  of  the  earth  allotted  for  the  theatre  of 
our  fortunes  fulfils  our  most  sanguine  desires.  All  its  essential 
interests  are  the  same;  whilst  the  diversities  arising  from  cli- 
mate, from  soil,  and  from  other  local  and  lesser  peculiarities, 
will  naturally  form  a  mutual  relation  of  the  parts  that  must 
give  to  the  whole  a  more  entire  independence  than  has,  perhaps, 
fallen  to  the  lot  of  any  other  nation. 

To  confirm  these  motives  to  an  affectionate  and  permanent 
union,  and  to  secure  the  great  objects  of  it,  we  have  established 
a  common  Government,  which,  being  free  in  its  principles,  being 
founded  in  our  own  choice,  being  intended  as  the  guardian  of 
our  common  rights  and  the  patron  of  our  common  interests,  and 
wisely  containing  within  itself  a  provision  for  its  own  amend- 
ment as  experience  may  point  out  its  errors,  seems  to  promise 
everything  that  can  be  expected  from  such  an  institution;  and 
if  supported  by  wise  counsels,  by  virtuous  conduct,  and  by  mu- 
tual and  friendly  allowances,  must  approach  as  near  to  perfec- 
tion as  any  human  work  can  aspire,  and  nearer  than  any  which 
the  annals  of  mankind  have  recorded. 

With  these  wishes  and  hopes  I  shall  make  my  exit  from  civil 
life,  and  I  have  taken  the  same  liberty  of  expressing  them  which 
I  formerly  used  in  offering  the  sentiments  which  were  suggested 
by  my  exit  from  military  life.  If,  in  either  instance,  I  have 
presumed  more  than  I  ought  on  the  indulgence  of  my  fellow- 
citizens,  they  will  be  too  generous  to  ascribe  it  to  any  other 
cause  than  the  extreme  solicitude  which  I  am  bound  to  feel,  and 
which  I  can  never  cease  to  feel,  for  their  liberty,  their  prosper- 
ity, and  their  happiness. 


1792.  LETTERS.  569 


TO   EDMUND   RANDOLPH. 

ORANGE,  Septr  13, 1792. 

MY  DEAR  FRIEND, — Your  favor  of  the  12th  ultimo  having  ar- 
rived during  an  excursion  into  Albemarle,  I  did  not  receive  it 
till  my  return  on  yesterday.  I  lose  not  a  nroment  in  thanking 
you  for  it,  particularly  for  the  very  friendly  paragraph  in  the 
publication  in  Fenno's  paper.  As  I  do  not  get  his  paper  here, 
it  was  by  accident  I  first  saw  this  extraordinary  manoeuvre  of 
calumny,  the  quarter,  the  motive,  and  the  object  of  which  speak 
of  themselves.  As  it  respects  Mr.  Jefferson,  I  have  no  doubt 
that  it  will  be  of  service  both  to  him  and  the  public,  if  it  should 
lead  to  such  an  investigation  of  his  political  opinions  and  char- 
acter as  may  be  expected.  With  respect  to  myself,  the  conse- 
quence, in  a  public  view,  is  of  little  account.  In  any  view,  there 
could  not  have  been  a  charge  founded  on  a  grosser  perversion 
of  facts,  and,  consequently,  against  which  I  could  feel  myself 
more  invulnerable. 

That  I  wished  and  recommended  Mr.  Freneau  to  be  appointed 
to  his  present  Clerkship  is  certain.  But  the  Department  of 
State  was  not  the  only,  nor,  as  I  recollect,  the  first  one,  to  which 
I  mentioned  his  name  and  character.  I  was  governed  in  these 
recommendations  by  an  acquaintance  of  long  standing,  by  a  re- 
spect for  his  talents,  and  by  a  knowledge  of  his  merit  and  suf- 
ferings in  the  course  of  the  Revolution.  Had  I  been  less  abste- 
mious in  my  practice  from  solicitations  in  behalf  of  my  friends, 
I  should  probably  have  been  more  early  in  thinking  of  Mr.  F. 
The  truth  is,  that  my  application,  when  made,  did  not  originate 
with  myself.  It  was  suggested  by  another  gentleman,*  who 
could  feel  no  motive  but  a  disposition  to  patronize  merit,  and 
who  wished  me  to  co-operate  with  him.  That,  with  others  of 
Mr.  Freneau's  particular  acquaintances,  I  wished  and  advised 
him  to  establish  a  press  at  Philadelphia,  instead  of  one  medi- 
tated by  him  in  New  Jersey,  is  also  certain.  I  advised  the 
change  because  I  thought  his  interest  would  be  advanced  by  it, 

*  General  H.  Lee. 


570  WORKS    OF    MADISON.  1792. 

and  because,  as  a  friend,  I  was  desirous  that  his  interest  should 
be  advanced.  This  was  my  primary  and  governing  motive. 
That,  as  a  consequential  one,  I  entertained  hopes  that  a  free 
paper  meant  for  general  circulation,  and  edited  by  a  man  of 
genius  of  republican  principles,  and  a  friend  to  the  Constitu- 
tion, would  be  some  antidote  to  the  doctrines  and  discourses 
circulated  in  favour  of  Monarchy  and  Aristocracy,  and  would 
be  an  acceptable  vehicle  of  public  information  in  many  places 
not  sufficiently  supplied  with  it,  this,  also,  is  a  certain  truth;  but 
it  is  a  truth  which  I  never  could  be  tempted  to  conceal,  or  wish 
to  be  concealed.  If  there  be  a  temptation  in  the  case,  it  would 
be  to  make  a  merit  of  it. 

But  that  the  establishment  of  Mr.  Freneau's  press  was  wished 
in  order  to  sap  the  Constitution,  and  that  I  forwarded  the  meas- 
ure, or  that  my  agency  negociated  it,  by  an  illicit  or  improper 
connection  between  the  functions  of  a  translating  clerk  in  a 
public  Office  and  those  of  an  Editor  of  a  Gazette,  these  are 
charges  which  ought  to  be  as  impotent  as  they  are  malicious. 
The  first  is  surely  incredible,  if  any  charge  could  be  so;  and  the 
'second  is,  I  hope,  at  least  improbable,  and  not  to  be  credited, 
until  unequivocal  proof  shall  be  substituted  for  anonymous  and 
virulent  assertions. 

When  I  first  saw  the  publication,  I  was  half  disposed  to  meet 
it  with  a  note  to  the  printer,  with  my  name  subscribed.  I  was 
thrown  into  suspense,  however,  by  reflecting  that  as  I  was  not 
named,  and  was  only  incidentally  brought  into  view,  such  a  step 
might  be  precipitate,  if  not  improper,  in  case  the  principal 
should  not  concur  in  such  a  mode  of  vindication.  2.  That  I 
was  not  enough  acquainted  with  the  turn  the  thing  might  take, 
and  the  light  in  which  it  might  be  viewed  on  the  spot.  3.  That 
in  a  case  the  least  doubtful,  prudence  would  not  rush  into  the 
newspapers.  These  considerations  have  been  since  sanctioned 
by  the  opinion  of  two  or  three  judicious  and  neutral  friends 
whom  I  have  consulted.  The  part  finally  proper,  however,' re- 
mains to  be  decided,  and  on  that  I  shall  always  be  thankful  for 
the  ideas  of  my  friends  most  in  a  condition  to  judge. 


1792.  LETTERS.  571 


TO  EDMUND   PENDLETON. 

PHILADELPHIA,  Nov  16,  1792. 

DEAR  Sm, — I  make  use  of  the  opportunity  afforded  by  the 
return  of  Col.  Hoomes  to  inclose  a  parcel  of  the  late  newspapers, 
which  may  contain  some  things  not  in  the  other  papers  you  get. 
You  will  find  in  them  all  the  particulars  known  here  concerning 
the  affairs  of  France,  and  sketches  of  the  business  as  yet  brought 
before  Congress.  The  President's  speech  and  the  two  answers 
are,  I  believe,  also  in  the  collection.  The  passages  relating  to 
the  excise  are  particularly  interesting  in  several  respects.  The 
answer  of  the  House  of  Representatives  on  that  subject  is  thought 
by  some  of  us  to  have  been  carried  too  far.  That  laws  in  force 
f  should  be  supported  is  right,  and  ought  to  be  asserted;  but  to 
say,  first,  that  a  free  Government  should  listen  to  representa- 
tions with  a  disposition  to  give  redress  where  proper,  and  then 
to  prejudge  them  by  saying  that  the  progress  of  contentment  is  as 
obvious  as  it  is  rational,  does  not  appear  very  consistent.  And 
as  little  prudent  was  it,  perhaps,  to  add,  what  will  be  regarded 
as  an  insinuation,  that  the  opposition  to  the  excise  proceeds  from 
a  selfish  and  unjust  wish  to  avoid  a  common  share  of  burden; 
an  insinuation  not  generally  true,  and  more  likely  to  inflame 
than  heal  the  wound.  We  are  anxious  for  the  arrival  of  Col. 
Taylor.  I  hear  with  much  pleasure  from  Col.  H.  of  your  good 
health.  Wishing  a  continuance  of  it  and  every  other  blessing, 
I  remain,  dear  sir,  your  affecte  friend. 


P.  S.  I  throw  in  for  your  amusement  an  anonymous  pamphlet, 
which  makes  pretty  free  with  the  characters  of  several  of  your 
friends.  In  what  respects  myself,  every  thing  happens  to  be 
notoriously  false  which  I  would  wish  not  to  be  true. 


572  WORKS    OF    MADISON.  1792. 

TO  EDMUND   PENDLETON. 

PHILADELPHIA,  Decr  6, 1792. 

DEAR  SIB, — I  am  just  favored  with  yours  of  the  28th  ult.  I 
wish  I  could  remove  your  anxiety  for  the  French.  The  last 
accounts  are  so  imperfect  and  contradictory  that  it  is  difficult 
to  make  anything  of  them.  They  come,  also,  through  the  Brus- 
sels and  English  channels,  which  increases  the  uncertainty.  It 
appears,  on  the  whole,  that  the  combination  against  the  revolu- 
tion, and  particularly  against  their  new  Republic,  is  extremely 
formidable,  and  that  there  is  still  greater  danger  within  from 
the  follies  and  barbarities  which  prevail  in  Paris.  On  the  other 
hand,  it  seems  tolerably  clear  that  the  nation  is  united  against 
Royalty,  and  well  disposed  to  second  the  Government  in  the 
means  of  defence.  At  this  distance  it  is  impossible  to  appreci- 
ate particular  measures,  or  foresee  the  turn  which  things  may 
finally  take. 

The  newspaper  tax  noticed  by  the  President  has  been  re- 
ferred to  a  Committee,  but  no  report  has  yet  been  made.  It  is 
of  great  importance  that  some  change  should  take  place  that 
will  remove  the  obstruction  which  has  been  thrown  in  the  way 
of  information  to  the  people.  In  all  Governments  the  public 
censorship  is  necessary,  in  order  to  prevent  abuses.  In  such  an 
one  as  ours,  where  the  members  are  so  far  removed  from  the  eye 
of  their  constituents,  an  easy  and  prompt  circulation  of  public 
proceedings  is  peculiarly  essential. 

The  election  of  a  Vice  President  has  excited  in  this  quarter 
considerable  animation,  and  called  forth  comparative  portraits 
of  the  political  characters  of  Mr.  Adams  and  Governor  Clinton, 
the  only  candidates  brought  into  the  field.  The  former  has 
been  exhibited  in  all  its  monarchical  features,  and  the  latter  in 
the  anti-federal  colors  it  wore  in  1788.  There  are  not  sufficient 
data  here  to  calculate  with  certainty  the  event  of  the  contest. 
The  probability  is  rather  favorable  to  Mr.  Adams,  but  not  in 
such  a  degree  as  to  prevent  pretty  keen  apprehensions  among 
his  friends.  As  the  opposition  to  him  is  levelled  entirely 
against  his  political  principles,  and  is  made  under  very  great 


1792.  LETTERS.  573 

disadvantages,  the  extent  of  it,  whether  successful  or  not,  -will 
satisfy  him  that  the  people  at  large  are  not  yet  ripe  for  his  sys- 
tem. 

We  are  informed  by  the  last  advices  from  Europe  that  the 
harvest  has  generally  been  scanty,  and  that  in  England,  partic- 
ularly, it  has  suffered  prodigiously  from  the  wetness  of  the  sea- 
son. From  this  cause,  and  the  general  state  of  things  abroad, 
a  great  demand  on  our  stock  is  anticipated.  Wheat  is  already 
up  at  9s.,  and  flour  at  45s.,  of  this  currency.  The  rise  must  soon 
communicate  itself  to  Virginia,  and  it  is  to  be  hoped  the  farmers 
will  not  lose  the  benefit  of  it  by  premature  sales.  We  all  re- 
gret the  detention  of  Col.  Taylor.  I  hope  the  cause  of  it  has 
ceased,  and  that  we  shall  soon  have  his  arrival  in  proof  of  it. 
It  is  probable  that  Mr.  Jefferson  will  not  remain  very  long  in 
his  public  station,  but  it  is  certain  that  his  retirement  is  not  to 
be  ascribed  to  the  newspaper  calumnies  which  may  have  had 
that  in  view. 

I  remain,  dear  sir,  yours,  &c. 


TO  EDMUND  PENDLETON. 

PHILADELPHIA,  Decr  10, 1792. 

DEAR  SIR, — As  you  find  an  amusement  in  our  newspapers,  I 
inclose  two  of  the  last;  which,  however,  contain  little  of  conse- 
quence, except  a  new  Report  from  the  Treasury  Department. 
The  mover  of  the  reference  which  gave  birth  to  it  declared  he 
did  not  mean  to  authorize  a  proposition  of  new  taxes,  and  it 
appeared  that  some  at  least  voted  for  the  motion  on  that  idea. 
You  will  find,  however,  that  a  different  construction  has  been 
made  by  the  head  of  that  Department.  Quere:  Is  not  a  tax  on 
horses  a  direct  tax,  and  therefore  unconstitutional  in  the  form 
proposed?  Quere:  How  much  will  Virginia  pay  more  than  her 
share  of  such  a  tax  compared  with  Connecticut,  and  the  South- 
ern States,  generally,  than  the  Eastern?  Quere:  Is  it  not  rather 
hard  that  those  who  are  to  have  least  of  the  benefit  should  con- 


574  WORKS    OF    MADISON.  1793. 

stantly  be  saddled  with  most  of  the  burden?  Quere:  If  a  new 
tax  and  a  direct  tax  is  to  be  encountered,  is  it  not  mockery  to 
begin  with  one  that  is  to  raise  forty  odd  thousand  dollars  only 
as  a  fund  for  sinking  the  debt?  Quere — but  there  would  be  no 
end  to  the  Queries  arising  out  of  the  project. 
Yours  affectionately. 


TO  EDMUND  PENDLETON. 

PHIIADELPHU,  Febr  23, 1793. 

DEAR  SIR, — Since  we  had  the  pleasure  of  Col.  Taylor's  arri- 
val, I  have  left  in  his  better  hands  the  trust  of  keeping  you  sup- 
plied with  whatever  communications  might  interest  or  amuse 
you.  As  the  political  scene  here  is,  however,  soon  to  be  sus- 
pended, I  cannot  refuse  myself  the  last  opportunity  I  shall  have 
before  a  dispersion  of  the  dramatis  persons  takes  place  of  en- 
joying the  pleasure  I  always  feel  in  tendering  my  respects  and 
affection,  as  well  as  testifying  the  high  value  I  set  on  your  cor- 
respondence. 

I  seize  the  opportunity  in  this  case  with  the  more  avidity,  as 
it  permits  me,  at  the  same  time,  to  tell  you  how  much  we  have 
been  charmed  with  the  successor  to  Col.  R.  H.  Lee,  and  to  en- 
treat your  co-operation  with  a  number  of  his  other  friends  in 
overcoming  his  repugnance  to  his  present  station.  His  talents, 
during  the  fraction  of  time  he  has  been  on  the  federal  theatre, 
have  been  of  such  infinite  service  to  the  republican  cause,  and 
such  a  terror  to  its  adversaries,  that  his  sudden  retirement,  on 
which  he  is  strongly  bent,  ought  to  be  regarded  as  a  public  ca- 
lamity, and  counterworked  by  all  the  means  his  friends  can  use. 
We  think  it  essential  that  he  should  be  prevailed  on  to  prolong 
his  stay  in  the  Government  at  least  through  the  next  session, 
which  will  form  a  critical  epoch  in  our  political  History.  Much 
will  depend  on  the  turn  our  affairs  will  then  take;  and  that  will 
depend  not  a  little  on  the  character  which  Virginia,  in  particu- 
lar, will  exhibit  in  the  National  Councils.  In  this  view,  it  is  to 


1793.  LETTERS.  575 

be  desired  that  her  weight  of  talents  in  one  branch  should  cor- 
respond with  her  force  of  numbers  in  the  other.  The  figure  she 
is  to  make  in  the  latter,  with  respect  to  talents,  will  depend  on 
the  issue  of  the  approaching  elections.  We  understand,  in  gen- 
eral, that  there  will  be  no  scarcity  of  competitors;  but  our  in- 
formation is  too  defective  for  an  accurate  conjecture  of  the  re- 
sult. Your  district  has  been  said  to  abound  more  than  any 
other  in  candidates.  Mr.  C.,  I  presume,  is  most  distinguished 
for  parliamentary  talents  and  activity,  and  on  that  score  claims 
a  favorable  wish,  if  the  course  he  would  be  likely  to  take  should 
furnish  no  objection,  of  which  those  most  in  the  knowledge  of 
his  politics  are  the  best  judges. 

You  will  have  discovered  from  the  newspapers  that  a  pretty 
interesting  scrutiny  has  been  started  into  the  administration  of 
the  Treasury  Department.*  The  documents  furnished  shew 
that  there  has  been,  at  least,  a  very  blameable  irregularity  and 
secrecy  in  some  particulars  of  it,  and  many  appearances  which 
at  least  require  explanation.  With  some,  suspicions  are  car- 
ried very  far ;  others  resolve  the  whole  that  is  wrong  into  fa- 
voritism to  the  Bank,  &c.;  whilst  the  partizans  of  the  Secre- 
tary either  see  nothing  amiss,  or  are  willing  to  ascribe  every- 
thing that  is  so  to  venial,  if  not  laudable  motives. 

The  January  Packet  has  just  arrived  at  New  York.  Her 
budget  is  not  yet  fully  opened  to  the  public.  The  Government 
of  England,  it  is  said,  remains  firm  in  the  saddle,  notwithstand- 
ing the  spurs  which  Mr.  Paine  has  so  vigorously  applied  to  the 
people.  Whether  a  war  is  to  be  forced  with  France  is  still 
uncertain,  though  the  affirmative  is  most  countenanced  by  indi- 
vidual opinions.  The  arms  of  France  continue  to  maintain  their 
reputation.  She  is  threatened  with  a  further  trial  of  them  by 
all  the  efforts  that  Austria  and  Prussia,  at  least,  can  make.  Spain 
is  disposed  to  be  neutral,  but  would  fain  make  the  preservation 
of  Louis  a  condition.  You  will  find  by  the  inclosed  paper  that 
his  fate  must  ere  this  have  been  decided  by  an  appeal  to  the 
judgment  of  the  nation. 

*  By  Giles'  Resolutions  of  28th  February. 


576  WORKS    OF    MADISON.  1793. 

With  every  sentiment  of  esteem  and  attachment,  I  am,  dear 
sir,  yours. 


TO  THOMAS  JEFFERSON. 

ORANGE,  April  12,  1793. 

DEAR  SIR, — Your  favor  of  the  31  ult.,  and  the  preceding  one 
without  date,  have  been  received.  The  refusal  of  Dunlap  in 
the  case  you  mention  confirms  the  idea  of  a  combined  influence 
against  the  freedom  of  the  press.  If  symptoms  of  a  dangerous 
success  in  the  experiment  should  shew  themselves,  it  will  be 
necessary,  before  it  be  too  late,  to  convey  to  the  public  through 
the  channels  that  remain  open  an  explicit  statement  of  the  fact, 
and  a  proper  warning  of  its  tendency.  In  the  mean  time,  it  is, 
perhaps,  best  to  avoid  any  premature  denunciations  that  might 
fix  wavering  or  timid  presses  on  the  wrong  side.  You  say  that 
the  subject  of  the  three  millions  of  florins  is  to  be  revived. 
Have  you  discovered  in  what  mode;  whether  through  the  next 
Congress  or  through  the  press;  and  if  the  latter,  whether  avow- 
edly or  anonymously  ?  I  suspect  that  the  President  may  not 
be  satisfied  with  the  aspect  under  which  that  and  other  parts 
of  the  fiscal  administration  have  been  left. 

As  far  as  I  can  learn,  the  people  of  this  country  continue  to 
be  united  and  firm  in  the  political  sentiments  expressed  by  their 
Representatives.  The  re-election  of  all  who  were  most  decided 
in  those  sentiments  is  among  the  proofs  of  the  fact. 

The  only  individual  discontinued  is  the  one  who  dissented 
most  from  his  colleagues.  The  vote  at  the  election  stood  thus: 
for  R.,  886;  S.,  403;  W.,  276.  It  is  said  that  the  singular  vote 
on  assuming  the  balances  gave  the  coup  de  grace  to  his  popu- 
larity. We  were  told  at  Alexandria  that  if  the  member  for 
that  district  had  been  opposed,  his  election  would  have  failed; 
and  at  Fredericksburg,  that  a  notice  of  G-.'s  vote  on  the  resolu- 
tions of  censure  had  nearly  turned  the  scale  against  him.  I 
have  seen  and  conversed  with  Mr.  F.  Walker.  I  think  it  im- 


1793.  LETTERS.  577 

possible  he  can  go  otherwise  than  right.  He  tells  me  that  J. 
Cole,  and  not  Clay,  as  in  the  newspapers,  is  elected  for  the  Hal- 
ifax District.  Hancock  is  the  new  member  from  the  district 
adjoining  Moore,  and  Preston  for  that  beyond  him.  I  fell  in 
with  Mr.  Brackenridge  on  his  way  to  Kentucky.  He  had  ad- 
verted to  Greenup's  late  vote  with  indignation,  and  dropped 
threats  of  its  effect  on  his  future  pretensions. 

The  sympathy  with  the  fate  of  Louis  has  found  its  way  pretty 
generally  into  the  mass  of  our  citizens;  but  relating  merely  to 
the  man,  and  not  to  the  Monarch,  and  being  derived  from  the 
spurious  accounts  in  the  papers  of  his  innocence,  and  the  blood- 
thirstyness  of  his  enemies,  I  have  not  found  a  single  instance  in 
which  a  fair  statement  of  the  case  has  not  new-modelled  the 
sentiment.  "  If  he  was  a  Traitor,  he  ought  to  be  punished  as 
well  as  another  man."  This  has  been  the  language  of  so  many 
plain  men  to  me,  that  I  am  persuaded  it  will  be  found  to  ex- 
press the  universal  sentiment,  whenever  the  truth  shall  be  made 
known. 

Our  fields  continue  to  anticipate  a  luxuriant  harvest.  The 
greatest  danger  is  apprehended  from  too  rapid  a  vegetation 
under  the  present  warm  and  moist  weather.  The  night  before 
last  it  received  a  small  check  from  a  smart  frost.  The  ther- 
mometer was  down  at  37,  and  we  were  alarmed  for  the  fruit. 
It  appears,  however,  that  no  harm  was  done.  We  have  at  pres- 
ent the  most  plentiful  prospect  of  every  kind  of  it. 

Will  you  be  go  good,  in  case  an  opportunity  should  offer,  to 
enquire  of  Doctor  Logan  as  to  the  ploughs  he  was  to  have  made 
and  sent  to  Mrs.  House's,  and  to  repay  what  may  have  been 
advanced  for  those  and  two  or  three  other  articles  that  were 
to  be  forwarded  to  Fredericksburg  by  water?  I  forgot  to 
make  the  proper  arrangements  before  I  left  Philadelphia. 
Adieu.  Yours  affectionately. 

VOL.  i.  37 


578  WORKS    OF    MADISON.  1793. 

TO  THOMAS  JEFFERSON. 

ORANGE,  May  8th.  1793. 

DEAR  SIR, — Your  last  received  was  of  the  28  April.  The 
receipt  of  all  the  preceding  is  verified  by  the  uninterrupted 
dates  of  the  Gazettes  inclosed.  I  anxiously  wish  that  the  re 
ception  of  Genet  may  testify  what  I  believe  to  be  the  real  affec- 
tions of  the  people.  It  is  the  more  desirable,  as  a  seasonable 
plum  after  the  bitter  pills  which  it  seems  must  be  administered. 
Having  neither  the  Treaty  nor  law  of  Nations  at  hand,  I  form 
no  opinion  as  to  the  stipulations  of  the  former,  or  the  precise 
neutrality  denned  by  the  latter.  I  had  always  supposed  that 
the  terms  of  the  Treaty  made  some  sort  of  difference,  at  least  as 
far  as  would  consist  with  the  Law  of  Nations,  between  France 
and  Nations  not  in  Treaty,  particularly  Great  Britain.  I  should 
still  doubt  whether  the  term  impartial,  in  the  Proclamation,  is 
not  stronger  than  was  necessary,  if  not  than  was  proper.  Peace 
is  no  doubt  to  be  preserved  at  any  price  that  honor  and  good 
faith  will  permit.  But  it  is  no  less  to  be  considered  that  the 
least  departure  from  these  will  not  only  be  most  likely  to  end 
in  the  loss  of  peace,  but  is  pregnant  with  every  other  evil  that 
could  happen  to  us.  In  explaining  our  own  engagements  under 
the  Treaty  with  France,  it  would  be  honorable  as  well  as  just 
to  adhere  to  the  sense  that  would  at  the  time  have  been  put  on 
them.  The  attempt  to  shuffle  off  the  Treaty  altogether,  by 
quibbling  on  Vattel,  is  equally  contemptible  for  the  meanness 
and  folly  of  it.  If  a  change  of  Government  is  an  absolution 
from  public  engagements,  why  not  from  those  of  a  domestic  as 
well  as  of  a  foreign  nature;  and  what  then  becomes  of  public 
debts,  &c.,  &c?  In  fact,  the  doctrine  would  perpetuate  every 
existing  Despotism,  by  involving  in  a  reform  of  the  Government 
a  destruction  of  the  social  pact,  an  annihilation  of  property, 
and  a  compleat  establishment  of  the  state  of  nature.  What 
most  surprises  me  is,  that  such  a  proposition  should  have  been 
discussed. 

Our  weather  has  not  been  favorable  of  late,  owing  more  to 
want  of  sun  than  excess  of  rain.  Vegetation  of  all  sorts,  even 


1793.  LETTERS. 


579 


the  wheat,  nevertheless  continues  to  flourish;  and  the  fruit  hav- 
ing no  longer  anything  to  fear  from  frost,  we  are  sure  of  good 
crops  of  that  agreeable  article. 

Yours  always  and  affectionately. 


Will  you  send  me  a  copy  of  the  little  pamphlet  advertised 
under  the  title  of  an  examination  of  the  proceedings  in  the  case 
of  the  Secretary  of  the  Treasury? 


TO  THOMAS  JEFFERSON. 

May  27,  1793. 

DEAR  SIR, — I  have  received  your  letter,  with  the  unsealed 
one  for  Monroe,  and  have  forwarded  the  latter.  Your  subse- 
quent one,  which  I  calculate  to  have  been  written  on  the  12th 
instant,  came  to  hand  two  days  ago.  I  feel  for  your  situation, 
but  you  must  bear  it.  Every  consideration,  private  as  well  as 
public,  requires  a  further  sacrifice  of  your  longings  for  the  re- 
pose of  Monticello.  You  must  not  make  your  final  exit  from 
public  life  till  it  will  be  marked  with  justifying  circumstances 
which  all  good  citizens  will  respect,  and  to  which  your  friends 
can  appeal.  At  the  present  crisis,  what  would  the  former  think? 
what  could  the  latter  say?  The  real  motives,  whatever  they 
might  be,  would  either  not  be  admitted,  or  could  not  be  ex- 
plained; and  if  they  should  be  viewed  as  satisfactory  at  a  future 
day,  the  intermediate  effects  would  not  be  lessened,  and  could 
not  be  compensated.  I  am  anxious  to  see  what  reception  Genet 
will  find  in  Philadelphia.  I  hear  that  the  fiscal  party  in  Alex 
andria  was  an  over-match  for  those  who  wished  to  testify  th<3 
American  sentiment.  George  Town,  it  is  said,  repaired  the 
omission.  A  public  dinner  was  intended  for  him  at  Fredericks- 
burg,  but  he  passed  with  such  rapidity  that  the  compliment  mis- 
carried. It  would  toot  be  amiss  if  a  knowledge  of  this  would 
in  a  proper  mode  get  to  him.  I  think  it  certain  that  he  will  be 
misled  if  he  takes  either  the  fashionable  cant  of  the  cities,  or 


580  WORKS    OF    MADISON.  1793. 

the  cold  caution  of  the  Government,  for  the  sense  of  the  public; 
and  I  am  equally  persuaded  that  nothing  but  the  habit  of  im- 
plicit respect  will  save  the  Executive  from  blame,  if,  through 
the  mask  of  neutrality,  a  secret  Anglomany  should  betray  itself. 
I  forgot,  when  I  requested  your  attention  to  my  ploughs,  to 
ask  the  favor  of  you  to  pay  for  them,  and  to  let  me  know  the 
amount  of  your  several  advances. 

Yours  always  and  affectionately. 


TO  THOMAS  JEFFERSON. 

ORANGE,  June  13,  1793. 

MY  DEAR  SIR, — My  last  was  of  the  27  May.  It  enclosed, 
among  other  things,  a  letter  to  the  French  Minister  de  Flnte- 
rieure,  in  answer  to  one  enclosing  a  Decree  of  the  National 
Assembly.  On  the  propriety  of  the  answer  I  wished  your 
freest  judgment;  and  as  the  sending  one  at  all  may  be  rendered 
by  events  improper,  I  must  request  the  favor  of  you  not  to  for- 
ward the  letter  if  intelligence  should  confirm  such  to  be  the 
state  of  things  that  it  would  be  totally  mal-apropos  there. 
Provided  it  be  proper  there,  and  consequently  proper  in  itself, 
I  shall  not  trouble  myself  about  any  comments  which  the  pub- 
lication attending  all  such  things  may  produce  here.  The  letter 
preceding  my  last,  as  well  as  the  last,  contained  some  other 
papers  which  I  wish  to  know  have  been  received. 

Your  two  last  favors  were  of  May  27  and  June  2.  The 
latter  confirms  the  apostasy  of  Dumouriez,  but  relieves  us  from 
the  more  alarming  account  of  his  being  supported  in  it  by  the 
army.  Still,  however,  much  is  to  be  dreaded  from  the  general 
posture  of  things.  Should  they  take  a  turn  decidedly  wrong,  I 
fear  little  regard  will  be  paid  to  the  limited  object  avowed  by 
the  Austrian  general  in  his  first  proclamation.  In  fact,  if  the 
plan  of  Dumouriez  had  succeeded,  it  is  probable  that,  under  the 
clause  of  the  proclamation  relating  to  an  amendment  of  imper- 
fections in  the  Constitution  of  1791,  the  form  of  the  national 


1793.  LETTERS.  581 

sanction  would  have  been  obtained,  as  in  the  Restoration  of 
Charles  II,  to  whatever  establishment  military  despotism  might 
please  to  dictate.  The  only  hope  of  France,  next  to  the  success 
of  her  own  efforts,  seems  to  lie  in  the  number  and  discordant 
views  of  her  combined  enemies. 

I  observe  that  the  newspapers  continue  to  criticise  the  Presi- 
dent's proclamation,  and  I  find  that  some  of  the  criticisms 
excite  the  attention  of  dispassionate  and  judicious  individuals 
here.  I  have  heard  it  remarked  by  such,  with  some  surprise, 
that  the  President  should  have  declared  the  United  States  to 
be  neutral  in  the  unqualified  terms  used,  when  we  were  so 
notoriously  and  unequivocally  under  eventual  engagements  to 
defend  the  American  possessions  of  France.  I  have  heard  it 
remarked,  also,  that  the  impartiality  enjoined  on  the  people  was 
as  little  reconcileable  with  their  moral  obligations  as  the  un- 
conditional neutrality  proclaimed  by  the  Government  is  with 
the  express  articles  of  the  Treaty.  It  has  been  asked,  also, 
whether  the  authority  of  the  Executive  extended  by  any  part 
of  the  Constitution  to  a  declaration  of  the  Disposition  of  the 
United  States  on  the  subject  of  war  and  peace  ?  I  have  been 
mortified  that  on  these  points  I  could  offer  no  bona  fide  explan- 
ations that  ought  to  be  satisfactory.  On  the  last  point,  I  must 
own  my  surprise  that  such  a  prerogative  should  have  been  exer- 
cised. Perhaps  I  may  have  not  attended  to  some  parts  of  the 
Constitution  with  sufficient  care,  or  may  have  misapprehended 
its  meaning.  But,  as  I  have  always  supposed  and  still  conceive, 
a  proclamation  on  the  subject  could  not  properly  go  beyond  a 
declaration  of  the  fact  that  the  United  States  were  at  war  or 
peace,  and  an  injunction  of  a  suitable  conduct  on  the  citizens. 
The  right  to  decide  the  question  whether  the  duty  and  in- 
terest of  the  United  States  require  war  or  peace  under  any 
given  circumstances,  and  whether  their  disposition  be  towards 
the  one  or  the  other,  seems  to  be  essentially  and  exclusively 
involved  in  the  right  vested  in  the  Legislature  of  declaring 
war  in  time  of  peace,  and  in  the  President  and  Senate  of 
making  peace  in  time  of  war.  Did  no  such  view  of  the  subject 
present  itself  in  the  discussions  of  the  Cabinet?  I  am  ex- 


582  WORKS    OF    MADISON.  1793. 

tremely  afraid  that  the  President  may  not  be  sufficiently  aware 
of  the  snares  that  may  be  laid  for  his  good  intentions  by  men 
whose  politics  at  bottom  are  very  different  from  his  own.  An 
assumption  of  prerogatives  not  clearly  found  in  the  Constitu- 
tion, and  having  the  appearance  of  being  copied  from  a  monar- 
chical model,  will  beget  animadversion  equally  mortifying  to 
him  and  disadvantageous  to  the  Government.  Whilst  animad- 
versions of  this  sort  can  be  plausibly  ascribed  to  the  spirit  of 
party,  the  force  of  them  may  not  be  felt.  But  all  his  real 
friends  will  be  anxious  that  his  public  conduct  may  bear  the 
strictest  scrutiny  of  future  times,  as  well  as  of  the  present  day; 
and  all  such  friends  of  the  Constitution  would  be  doubly  pained 
at  infractions  of  it  under  auspices  that  may  consecrate  the  evil 

till  it  be  incurable. 

******** 

The  great  danger  of  misconstruing  the  sentiment  of  Virginia 
with  regard  to  liberty  and  France  is  from  the  heretical  tone  of 
conversation  in  the  Towns  on  the  post  roads.  The  voice  of  the 
country  is  universally  and  warmly  right.  If  the  popular  dis- 
position could  be  collected  and  carried  into  effect,  a  most  im- 
portant use  might  be  made  of  it  in  obtaining  contributions  of 
the  necessaries  called  for  by  the  danger  of  famine  in  France. 
Unfortunately,  the  disaffection  of  the  Towns,  which  alone  could 
give  effect  to  a  plan  for  the  purpose,  locks  up  the  public  grati- 
tude and  beneficence. 

Our  fine  prospects  in  the  wheat  fields  have  been  severely 
injured  by  the  weather  for  some  time  past.  A  warm  and  moist 
spring  had  pushed  the  wheat  into  rather  a  luxuriant  state.  It 
had  got  safe  into  the  head,  however,  and  with  tolerable  weather 
would  have  ripened  into  a  most  exuberant  crop.  Just  as  the 
grain  was  in  a  milky  state  the  weather  became  wetter  than 
ever,  and  has  continued  raining  or  cloudy  almost  constantly 
since.  This  has  brought  on  a  little  of  the  rust,  and  pretty 
universally  in  this  quarter  a  decay  of  the  ear  called  the  Rot. 
Should  the  weather  be  ever  so  favorable  henceforward,  a  con- 
siderable proportion  will  be  lost;  and  if  unfavorable,  the  loss 
may  be  almost  entire.  We  are  at  this  moment  both  excessively 


1793.  LETTERS.  533 

wet  and  hot.  The  forwardest  wheat  is  turning  fast,  and  may 
be  nearly  safe.  The  generality  is  not  sufficiently  advanced  to 
be  out  of  danger  of  future,  or  beyond  the  effect  of  past  causes. 
The  Kentucky  coffee  trees  hi  this  neighborhood  are  too 
young  to  bear  for  some  years.  I  will  do  all  I  can  to  get  the 
seed  for  Bartram  from  Kentucky  as  soon  as  possible. 

Adieu. 


TO  THOMAS  JEFFERSON. 

ORANGE,  June  17, 1793. 

MY  DEAR  SIR, — Your  favor  of  the  9th  I  received  late  last 
night  by  a  messenger  from  the  neighbourhood  of  Fredericks- 
burg,  who  returns  early  this  morning.  I  have  therefore  not  had 
time  to  read  the  papers  inclosed  in  it,  and  even  the  letter  itself 
but  hastily.  Its  silence  as  to  France  is  a  cordial  to  the  fears  we 
have  been  kept  in  by  the  newspapers  and  reports  here,  of  hear- 
ing every  moment  of  her  final  catastrophe.  If  the  army  had 
stood  by  Dumouriez's  treason,  as  was  the  uncontradicted  idea 
for  a  time,  scarce  a  possibility  seemed  to  remain  of  any  other 
result.  I  fell  in  two  days  ago  with  French  Strother,  who  was 
returning  circuitously  from  Richmond.  He  had  seen  W.  C. 
Nicholas  on  his  way,  and  spoke  of  him  as  among  the  decided 
friends  of  the  French  cause.  In  general,  I  discovered  that  his 
testimony  and  conviction  corroborated  the  fact  that  the  people 
of  this  Country,  where  you  cannot  trace  the  causes  of  particular 
exceptions,  are  unanimous  and  explicit  in  their  sympathy  with 
the  Revolution.  He  was  in  Richmond  during  the  session  of  the 
Court  of  the  United  States,  and  heard  the  opinions  of  the  Judges 
on  the  subject  of  the  British  debts.  Jay's,  he  says,  was,  that  the 
depreciated  payments  into  the  Treasury  discharged  the  debtor, 
but  leaves  the  State  liable  to  the  creditor.  It  would  be  a  hard 
tax  on  those  who  have  suffered  themselves  by  the  depreciation 
to  bear  Such  a  burden.  It  would  be  severely  felt  by  those  who 
put  money  into  the  Treasury  on  loan,  and  have  received  certifi- 


584  WORKS    OF    MADISON.  1793. 

cates  by  the  scale,  and  those  again  further  reduced  by  the  mod- 
ifications of  the  assumption. 


TO  THOMAS  JEFFERSON. 

ORANGE,  June  19,  1793. 

DEAR  Sin,—  ******** 
Every  Gazette  I  see  (except  that  of  the  United  States)  exhib- 
its a  spirit  of  criticism  on  the  Anglified  complexion  charged  on 
the  Executive  politics.  I  regret  extremely  the  position  into 
which  the  President  has  been  thrown.  The  unpopular  cause  of 
Anglomany  is  openly  laying  claim  to  him.  His  enemies,  mask- 
ing themselves  under  the  popular  cause  of  France,  are  playing 
off  the  most  tremendous  batteries  on  him.  The  proclamation 
was,  in  truth,  a  most  unfortunate  error.  It  wounds  the  national 
honor,  by  seeming  to  disregard  the  stipulated  duties  to  France. 
It  wounds  the  popular  feelings,  by  a  seeming  indifference  to  the 
cause  of  liberty.  And  it  seems  to  violate  the  forms  and  spirit 
of  the  Constitution,  by  making  the  Executive  Magistrate  the 
organ  of  the  disposition,  the  duty,  and  the  interest  of  the  nation, 
in  relation  to  war  and  peace — subjects  appropriated  to  other 
departments  of  the  Government.  It  is  mortifying  to  the  real 
friends  of  the  President  that  his  fame  and  his  influence  should 
have  been  unnecessarily  made  to  depend  in  any  degree  on  polit- 
ical events  in  a  foreign  quarter  of  the  Globe;  and  particularly 
so  that  he  should  have  anything  to  apprehend  from  the  success 
of  liberty  in  another  country,  since  he  owes  his  pre-eminence  to 
the  success  of  it  in  his  own.  If  France  triumphs,  the  ill-fated 
proclamation  will  be  a  millstone,  which  would  sink  any  other 
character,  and  will  force  a  struggle  even  on  his. 


1793-  LETTERS.  585 


TO  THOMAS  JEFFERSON. 

June  29, 1793. 

MY  DEAR  SIR,—  ***** 
My  last  was  of  the  19th.  I  have  since  seen  several  of  the 
National  Gazettes,  which  continue  to  teem  with  animadversions 
on  the  Proclamation.  My  opinion  of  it  was  expressed  in  my 
last.  I  foresee  that  a  communication  of  it  will  make  a  part  of 
the  speech  to  the  next  Congress,  and  that  it  will  bring  on  some 
embarrassments.  Much  will  depend  on  events  in  Europe;  and 
it  is  to  be  regretted  that  the  popularity  of  the  President  or  the 
policy  of  our  Government  should  ever  be  staked  on  such  contin- 
gencies. I  observe  that  our  vessels  are  frequently  and  inso- 
lently seized  and  searched  for  French  goods.  Is  not  this  com- 
plained of  by  our  own  people  as  a  breach  of  the  modern  law  of 
nations;  and  whilst  British  goods  are  protected  by  the  neutral- 
ity of  our  bottoms,  will  not  remonstrances  come  from  France 
on  the  subject? 


TO  THOMAS  JEFFERSON. 

July  18, 1793. 

DEAR  SIR, — The  season  of  harvest  having  suspended  all  in- 
tercourse with  Fredericksburg,  your  favor  of  the  7th  instant 
has  but  just  been  received.  That  of  the  29th  ult.  came  to  hand 
at  the  same  time.  The  preceding  one  of  the  23d  would  have 
been  acknowledged  before,  but  for  the  cause  above  mentioned. 
The  present  is  the  first  opportunity,  and,  like  several  others, 
leaves  me  but  a  moment  to  prepare  for  it. 

I  have  read  over  the  subject  which  you  recommend  to  my 
attention.  It  excites  equally  surprise  and  indignation,  and  ought 
certainly  to  be  taken  notice  of  by  some  one  who  can  do  it  jus- 
tice. In  my  present  disposition,  which  is  perfectly  alienated 
from  such  things,  and  in  my  present  situation,  which  deprives 
me  of  some  material  facts  and  many  important  lights,  the  task 


586  WORKS    OP    MADISON.  1793. 

would  be  in  bad  hands  if  I  were  otherwise  better  qualified  for 
it.  I  am  in  hopes  of  finding  that  some  one  else  has  undertaken 
it.  In  the  mean  time,  I  will  feel  my  own  pulse,  and  if  nothing 
uprears,  may  possibly  try  to  supply  the  omission. 

Return  my  thanks  to  Dr.  Logan  for  the  pamphlet,  and  also 
for  the  ploughs  arrived  at  Frederick sburg,  though,  by  a  singular 
succession  of  errors  and  accidents,  they  are  still  on  the  road 
between  this  and  that.  Your  account  of  Genet  is  dreadful.  He 
must  be  brought  right,  if  possible.  His  folly  will  otherwise  do 
mischief  which  no  wisdom  can  repair.  Is  there  no  one  through 
whom  he  can  be  effectually  counselled?  De  la  Forest  is  said 
to  be  able,  and  if  himself  rightly  disposed,  as  I  have  understood 
him  to  be,  might,  perhaps,  be  of  great  use.  The  result  of  the 
Harvest  is  perhaps  less  favorable  than  I  once  supposed.  I  hope, 
however,  the  crop  of  wheat,  as  to  quantity  at  least,  will  be  tol- 
erable. Of  the  quality,  I  have  great  apprehensions.  The  sea- 
son for  getting  it  in  was  as  bad  as  was  possible.  Every  other 
article  of  our  cultivation  is  prosperous,  and  will  help  to  make 
amends  if  the  rest  of  the  year  be  favorable.  The  corn  is  partic- 
ularly luxuriant  in  all  quarters. 

Yours  always  and  affec7. 


TO  THOMAS  JEFFERSON. 

July  22,  1793. 

DEAR  SIR, — My  last  was  on  the  18th,  and  acknowledged  yours 
of  the  30th  Ult.  and  7th  instant.  I  had  not  then  time  to  men- 
tion that  W.  C.  Nicholas  passed  an  evening  with  me  on  his  way 
home  from  his  brother's,  where  he  had  met  Edmund  Randolph 
on  his  return  to  Philadelphia.  From  his  conversation,  his  sen- 
timents are  right  and  firm  on  the  French  Revolution,  and  in 
other  respects  I  discovered  no  symptoms  of  heresy.  He  spoke 
particularly  and  emphatically  of  the  unquestionable  unanimity 
of  the  Country  in  favor  of  the  cause  of  France.  I  have  no  doubt 
that  he  held  this  language  to  every  one,  and,  consequently,  that 


1793.  LETTERS.  587 

the  impressions  depending  on  him  have  been  rightly  made.  I 
could  not  but  infer  from  all  that  he  said  with  regard  to  Ed. 
Randolph  that  he  considered  the  sentiments  of  him  on  French 
affairs  as  similar  to  his  own,  and  to  such  as  were  expressed  by 
himself.  Some  allowance,  however,  in  all  such  conversations, 
must  be  made  for  the  politeness  or  policy  of  respecting  the 
known  sentiments  of  the  party  to  which  they  are  addressed  or 
communicated.  He  had  seen  the  first  part  of  Hamilton's  publi- 
cation,* and  spoke  of  it  as  from  that  quarter.  He  expressed 
some  surprise  at  the  doctrines  and  cabinet  efforts  of  the  author, 
as  he  had  learnt  them  from  B.  Randolph,  and  seemed  unable  to 
account  for  some  things  without  suspecting  Hamilton  of  a  secret 
design  to  commit  and  sacrifice  the  President.  His  ideas  on  this 
subject  must  have  grown  out  of  the  language  of  E.  Randolph,  if 
not  actually  copied  from  it. 

I  have  read  over,  with  some  attention,  the  printed  papers  you 
inclosed,  and  have  made  notes  towards  a  discussion  of  the  sub- 
ject. I  find  myself,  however,  under  some  difficulties:  first,  from 
my  not  knowing  how  far  concessions  have  been  made  on  partic- 
ular points  behind  the  curtain.  2dly.  From  my  not  knowing  how 
far  the  President  considers  himself  as  actually  committed  with 
respect  to  some  doctrines.  3dly.  From  the  want  of  some  lights 
from  the  law  of  nations  as  applicable  to  the  construction  of  the 
Treaty.  4th.  From  my  ignorance  of  some  material  facts,  such 
as  whether  any  call  was  made  by  Great  Britain,  or  any  other 
Belligerent  power,  for  the  intentions  of  the  United  States  prior 
to  the  proclamation;  whether  France  was  heard  on  the  subject 
of  her  constructions  and  pretensions  under  the  Treaty;  whether 
the  Executive  had  before  them  any  authentic  documents,  or  en- 
tered into  any  discussions  on  the  question  whether  the  war  be- 
tween France  and  Great  Britain  is  offensive  or  defensive,  &c. 

I  do  not  mean  that  all  such  information  ought  to  be  brought 
into  the  controversy,  though  some  of  it  is  necessary,  and  some 
more  might  be  used  to  advantage.  But  all  or  most  of  it  seems 
proper,  in  order  to  avoid  vulnerable  assertions  or  suppositions, 

*  Paciflcus. 


588  WORKS    OF    MADISON.  1793. 

which  might  give  occasion  to  triumphant  replies.  If  an  answer 
to  the  publication  be  undertaken,  it  ought  to  be  both  a  solid  and 
a  prudent  one.  None  but  intelligent  readers  will  enter  into 
such  a  controversy,  and  to  their  minds  it  ought  principally  to 
be  accommodated.  If  you  can  lay  your  hands  on  the  explana- 
tory publication  of  the  real  object  of  the  Proclamation  referred 
to  in  your  last,  or  the  preceding  one,  send  it  to  me.  The  one  I 
had  is  no  longer  in  my  hands.  I  expect  to-day  to  receive  your 
letter  next  in  date  to  the  7th. 


TO  THOMAS  JEFFERSON. 

July  30,  1793. 

DEAR  SIR, — My  last  was  of  the  22d  instant.  I  have  since  re- 
ceived yours  covering  the  paper  now  returned,  that  covering 
the  report  of  the  Commissioners  of  accounts  between  the  United 
States  and  the  particular  States,  and  that  of  the  21st  instant. 
The  intermediate  one  of  the  14th  was  left  by  mistake  in  a  secure 
place  by  the  person  who  was  to  bring  it  up  from  Fredericksburg, 
and  is  not  yet  arrived.  The  delay  has  been  inconvenient,  as  it 
deprives  me  of  part  of  the  publication,  which  I  wish  to  see  in  all 
its  parts  before  I  formed  a  regular  view  of  any.  As  I  intimated 
in  my  last,  I  have  forced  myself  into  the  task  of  a  reply.  I  can 
truly  say  I  find  it  the  most  grating  one  I  ever  experienced;  and 
the  more  so,  as  I  feel  at  every  step  I  take  the  want  of  counsel 
on  some  points  of  delicacy,  as  well  as  of  information  as  to  sun- 
dry matters  of  fact.  I  shall  be  still  more  sensible  of  the  latter 
want  when  I  get  to  the  attack  on  French  proceedings,  and  per- 
haps to  the  last  topic  proposed  by  the  writer,  if  I  ever  do  get  to 
it.  As  yet  I  have  but  roughly  and  partially  gone  over  the  first; 
and  being  obliged  to  proceed  in  scraps  of  time,  with  a  distaste 
to  the  subject,  and  a  distressing  lassitude  from  the  excessive  and 
continued  heat  of  the  season,  I  cannot  say  when  I  shall  finish 
even  that.  One  thing  that  particularly  vexes  me  is,  that- 1  fore- 
know, from  the  prolixity  and  pertinacity  of  the  writer,  that  the 
business  will  not  be  terminated  by  a  single  fire,  and,  of  course, 


1793.  LETTERS.  589 

that  I  must  return  to  the  charge  in  order  to  prevent  a  triumph 
without  a  victory. 

Do  you  know  what  is  the  idea  of  France  with  regard  to  the 
defensive  quality  of  the  guaranty,  and  of  the  criterion  between 
offensive  and  defensive  war,  which  I  find  differently  defined  by  dif- 
ferent jurists;  also,  what  are  the  ideas  of  the  President  on  these 
points?  I  could  lay  my  course  with  more  advantage  through 
some  other  parts  of  the  subject  if  I  could  also  know  how  far  he 
considers  the  Proclamation  as  expressing  a  neutrality,  in  the 
sense  given  to  that  term,  or  how  far  he  approves  the  vindication 
of  it  on  that  ground. 

I  am  sorry  to  find  the  journey  to  Yirginia,  from  which  useful 
lessons  were  hoped,  ending  in  a  confirmation  of  errors.  I  can 
only  account  for  it  by  supposing  the  public  sentiment  to  have 
been  collected  from  tainted  sources,  which  ought  to  have  sug- 
gested to  a  cautious  and  unbiassed  mind  the  danger  of  confi- 
ding in  them.  The  body  of  the  people  are  unquestionably  at- 
tached to  the  Union,  and  friendly  to  the  Constitution;  but  that 
they  have  no  dissatisfaction  at  the  measures  and  spirit  of  the 
Government,  I  consider  as  notoriously  untrue.  I  am  the  more 
surprised  at  the  misconception  of  our  Friend,  as  the  two  latest 
sources  consulted,  the  two  brothers,  I  mean,  are  understood  to 
be  both  of  them  rightly  disposed,  as  well  as  correctly  informed. 

I  have  got  my  ploughs  at  last.  They  are  fine  ones,  and  much 
admired.  Repeat  my  thanks  to  Dr  Logan,  if  you  have  an  oppor- 
tunity and  think  of  it.  The  patent  plough  is  worth  your  look- 
ing at,  if  you  should  visit  his  farm.  You  will  see  your  theory 
of  a  mould-board  more  nearly  realized  than  in  any  other  in- 
stance, and  with  the  advantage  of  having  the  iron  wing,  which 
in  common  bar  shares  or  in  great  lies  useless  under  the  wood, 
turned  up  into  the  sweep  of  the  board,  and  relieving  it  from  the 
brunt  of  the  friction.  By  fixing  the  colter,  which  is  detached, 
to  the  point  of  the  share,  it  will,  I  think,  be  nearly  complete.  I 
propose  to  have  one  so  constructed.  The  detached  form  may 
answer  best  in  old,  clear  ground,  but  will  not  stand  the  shocks 
of  our  rough  and  rooty  land,  especially  in  the  hands  of  our 
ploughmen. 


590  WORKS    OF    MADISON.  1793. 

Little  wheat  having  been  yet  tried  in  bread,  I  cannot  say  how 
the  quality  will  turn  out.  The  more  I  see  and  hear  of  it,  the 
more  I  fear  it  will  be  worse  than  was  at  first  supposed.  The 
corn  suffers  now  for  want  of  rain,  but  appearances  as  to  that 
article  are,  on  the  whole,  very  flattering.  The  worst  effect  of 
the  dry  weather  at  present  felt  is  the  extreme  hardness  of  the 
earth,  which  makes  ploughing,  particularly  in  fallow  land,  but 
barely  possible.  So  many  heavy  rains  on  ground  wet  for  six 
months,  succeeded  by  the  present  hot  spell,  has  almost  beat  it 
and  baked  it  into  brick. 


TO   THOMAS  JEFFERSON. 

August  5,  1793. 

DEAR  SIR, — Your  account  of  the  ticklish  situation  with  re- 
spect to  Genet  in  the  14th  is  truly  distressing.  His  folly  would 
almost  beget  suspicions  of  the  worst  sort.  The  consequences 
you  point  out,  in  case  matters  come  to  an  extremity,  are  so  cer- 
tain and  obvious,  that  it  is  hardly  conceivable  he  can  be  blind 
to  them.  Something  must  be  done,  if  possible,  to  get  him  into 
a  better  train.  I  find  by  the  paper  of  the  27,  that  Pacificus  has 
entered,  and  I  suppose  closed,  his  last  topic.  I  think  it  a  feeble 
defence  of  one  important  point  I  am  striking  at,  viz:  the  ma- 
king a  declaration,  in  his  sense  of  it,  before  the  arrival  of  Genet. 
I  argue  that  the  act  does  not  import  a  decision  against  the  cas. 
fed.,  from  the  manifest  impropriety  of  doing  so,  on  the  ground 
that  France  was  the  aggressor  in  every  war,  without,  at  least, 
waiting  for  evidence  as  to  the  question  of  fact  who  made  the 
first  attack,  admitting,  for  the  sake  of  argument,  that  to  be  the 
intention. 


1793.  LETTERS.  591 

TO  THOMAS  JEFFERSON. 

Aug.  llth,  1793. 

DEAR  SIR, — Yours  of  August  3d  has  just  come  to  hand.  All 
the  preceding  have  been  acknowledged.  I  am  extremely  mor- 
tified, in  looking  for  the  Key  to  the  Cypher,  to  find  that  I  left 
it  in  Philadelphia.  You  must  therefore  repeat  anything  that 
may  be  of  use  still  to  be  known,  particularly  anything  that  may 
relate  to  the  time  of  your  leaving  Philadelphia,  which  I  wish  to 
know  as  long  as  possible  before  it  takes  place.  The  task  on 
which  you  have  put  me  must  be  abridged,  so  as  not  to  go  beyond 
that  period.  You  will  see  that  the  first  topic  is  not  yet  com- 
pleted. I  hope  the  2d  and  3d,  to  wit,  the  meaning  of  the  Treaty 
and  the  obligations  of  gratitude,  will  be  less  essential.  The 
former  is  particularly  delicate,  and  tho'  I  think  it  may  be  put 
in  a  light  that  would  reflect  ignominy  on  the  author  of  P.,  yet 
I  had  rather  not  meddle  with  the  subject,  if  it  could  be  avoided. 

I  cannot  say  when  I  shall  be  able  to  take  up  those  two  parts 
of  the  job.  Just  as  I  was  embarking  in  the  general  subject,  I 
received  from  the  reputed  Author  of  Franklin  a  large  pamphlet, 
written  by  him  against  the  fiscal  system,  particularly  the  Bank, 
which  I  could  not  but  attend  to.  It  is  put  on  a  footing  that  re- 
quires me  to  communicate  personally  with  Monroe,  whom  I 
ought  to  have  seen  before  this,  as  the  publication  of  the  work 
is  to  be  contrived  for  the  Author.  It  really  has  merit,  always 
for  its  ingenuity,  generally  for  its  solidity,  and  is  enriched  with 
many  fine  strokes  of  imagination,  and  a  continued  vein  of  pleas- 
antry and  keen  satire,  that  will  sting  deeply.  I  have  received 
a  letter  from  the  Author,  wishing  to  hear  from  me.  I  must, 
therefore,  take  a  ride  as  far  asCharlottesville,as  soon  as  I  make 
out  the  next  packet  for  you,  and  suspend  the  residue  of  the  busi- 
ness till  I  return.  I  shall  endeavour  in  my  absence  to  fulfil  a 
promise  to  Wilson  Nicholas,  which  will  lengthen  the  suspen- 
sion. I  forward  to  F.  a  copy  of  the  little  thing  of  Ld  Ch.;  the 
last  sentence  is  struck  out  as  not  necessary,  and  which  may, 
perhaps,  wound  too  indiscriminately  certain  characters  not  at 
present  interested  in  supporting  public  corruptions. 


592  WORKS    OF    MADISON.  1793. 

The  paper  for  J.  F.  could  not  otherwise  get  to  him  than  with 
your  aid.  You  must  therefore  take  the  trouble  of  having  it 
handed  into  the  Post  Office,  whence  the  penny  post  will  take  it, 
unless  you  can  do  it  at  some  shorter  hand.  I  wish  you  would 
look  over  what  is  said  critically,  and  if  you  think  there  be  any 
thing  of  importance  wrong,  or  that  may  do  more  harm  than 
good,  that  you  will  either  erase  it,  where  that  will  not  break  the 
sense,  or  arrest  the  whole  till  I  can  make  the  correction.  De- 
lay, I  know,  is  bad;  but  vulnerable  parts  that  would  be  seized 
for  victories  and  triumphs  would  be  worse.  I  beg  you,  also,  to 
attend  particularly  to  those  passages  slightly  marked  with  a 
pencil:  the  first,  the  declaration  of  the  principles  and  sentiments 
of  the  Author;  the  2d,  beginning  with,  "Writers  such  as  Locke 
and  Montesquieu,"  &c.,  to  the  pencil  mark  in  the  IT.  3d.  The 
quotation  from  the  Federalist.  If  you  think  the  first  had  better 
be  omitted,  it  can  come  out  without  leaving  the  least  gap;  so 
can  the  211.  My  doubts  as  to  that  proceed  from  the  danger  of 
turning  the  controversy  too  much  into  the  wilderness  of  books. 
I  use  Montesquieu,  also,  from  memory,  tho',  I  believe,  without  in- 
accuracy. The  3d  can  also  come  out  without  affecting  the  piece; 
and  I  wish  you  to  erase  it,  if  you  think  the  most  scrupulous  del- 
icacy, conjecturing  the  Author,  could  disapprove  it.  One  N°. 
more,  or  two  short  Nos.,  will  close  the  first  topic  and  supersede 
the  last.  They  will  be  sent  as  soon  as  finished  and  copied. 
These  would  have  been  sent  somewhat  sooner,  but  for  the  delay 
caused  by  the  last  circumstance. 

The  drought  has  done  irreparable  injury  to  the  corn  in  many 
parts  of  the  country.  It  has  been  interrupted,  within  a  few  days 
past,  by  a  pretty  extensive  rain.  We  shared  in  it  here  but 
scantily.  I  understand  that  at  Charlottesville,  which  had  been 
favored  with  preceding  ones,  it  was  plentiful.  Be  good  enough 
to  contrive  an  excuse  to  Mr.  Randolph,  at  Monticello,  for  my 
not  forwarding  the  Gazettes  latterly,  if  you  have  not  already 
thought  of  it.  I  know  not  how  to  apologize  myself,  and  shall 
feel  some  awkwardness,  as  I  shall  not  carry  them  when  I  go 
into  his  neighborhood. 


1793-  LETTERS.  593 


TO  THOMAS  JEPFEESON. 

August  20th,  1793. 

DEAR  SIR, — Your  favor  of  the  llth  came  to  hand  the  day 
before  yesterday.  I  am  just  setting  off  to  Monroe's,  and  hope 
to  prevent  the  trouble  of  an  express  from  Monticello  with  the 
letter  referred  to  in  it.  I  have  already  acquainted  you  with 
the  immediate  object  of  this  visit.  I  have  just  received  a  line 
from  him  expressing  a  particular  desire  to  communicate  with 
me,  and  reminding  me  that  he  sets  off  the  last  of  this  month  for 
the  Courts,  and  of  course  will  be  occupied  for  some  days  before 
with  preparations.  This  hurries  me;  and  has  forced  me  to 
hurry  what  will  be  inclosed  herewith,  particularly  the  last  N°., 
5,  which  required  particular  care  in  the  execution.  I  shall  be 
obliged  to  leave  that,  and  the  greater  part  of  the  other  Nos.,  to 
be  transcribed,  sealed  up,  and  forwarded  in  my  absence.  It  is 
certain,  therefore,  that  many  little  errors  will  take  place.  As 
I  cannot  let  them  be  detained  till  I  return,  I  must  pray  you  to 
make  such  corrections  as  will  not  betray  your  hand.  In  point- 
ing and  erasures,  not  breaking  the  sense,  there  will  be  no  diffi- 
culty. I  have  already  requested  you  to  make  free  with  the 
latter.  You  will  find  more  quotations  from  the  Federalist. 
Dash  them  out,  if  you  think  the  most  squeamish  critic  could  ob- 
ject to  them.  In  N°.  5  I  suggest  to  your  attention  a  long  pre- 
liminary remark,  into  which  I  suffered  myself  to  be  led  before 
I  was  aware  of  the  prolixity.  As  the  piece  is  full  long  without 
it,  it  had  probably  better  be  lopped  off.  The  propriety  of  the 
two  last  paragraphs  claims  your  particular  criticism.  I  would 
not  have  hazarded  them  without  the  prospect  of  your  revisal, 
and,  if  proper,  your  erasure.  That  which  regards  Spain,  &c., 
may  contain  unsound  reasoning,  or  be  too  delicate  to  be  touched 
in  a  newspaper.  The  propriety  of  the  last,  as  to  the  President's 
answers  to  addressers,  depends  on  the  truth  of  the  fact,  of  which 
you  can  judge.  I  am  not  sure  that  I  have  seen  all  the  answers. 
My  last  was  of  the  12th,  and  covered  the  two  first  Nos.  of  Hel- 
vidius.  I  am  assured  that  it  was  put  into  the  post  office  on 
Tuesday  evening.  It  ought,  therefore,  to  have  reached  you  on 

VOL.  i.  38 


594  WORKS    OP    MADISON.  1793. 

Saturday  last.  As  an  opportunity  to  Fredericksburg  may  hap- 
pen before  more  than  the  3d  N°.  may  be  transcribed,  it  is  possi- 
ble that  this  may  be  accompanied  by  that  alone. 

The  drought  has  been  dreadful  to  the  Corn.  There  has  been 
no  rain,  making  any  sensible  impression,  for  seven  weeks  of  the 
hottest  weather  of  the  hottest  year  remembered,  and  at  the  very 
period  critical  to  that  crop.  Yesterday  afternoon  we  had  a 
small  shower,  and  more  seemed  to  be  passing  around  us.  No 
weather,  however,  can  now  possibly  add  5  per  cent,  to  the  pros- 
pect. There  cannot  be  more  than  half  crops  made  generally, 
and  much  less  in  many  places. 

Yrs  affljr. 


TO  THOMAS  JEFFERSON. 

AT  COL.  MONROE'S,  Aug.  22d,  1793. 

DEAR  SIR, — I  left  home  the  day  before  yesterday,  which  was 
the  date  of  my  last;  it  was  to  be  accompanied  by  2,  and  perhaps, 
tho'  not  probably,  3  additional  Numbers  of  Helvidius.  The 
last,  to  wit,  N°.  5,  contained  two  paragraphs,  the  one  relating 
to  the  accession  of  Spain  and  Portugal  to  the  war  against 
France,  the  other  to  the  answers  of  the  President  to  the  ad- 
dresses on  his  Proclamation,  which  I  particularly  requested  you 
to  revise,  and,  if  improper,  to  erase.  The  whole  piece  was  more 
hurried  than  it  ought  to  have  been,  and  these  paragraphs  penned 
in  the  instant  of  my  setting  out,  which  had  been  delayed  as  late 
as  would  leave  enough  of  the  day  for  the  journey.  I  mention 
this  as  the  only  apology  for  the  gross  error  of  fact  committed 
with  respect  to  the  term  neutrality,  which,  it  is  asserted,  the 
President  has  not  used  in  any  of  his  answers.  I  find,  on  look- 
ing into  them  here,  that  he  used  it  in  the  first  of  all,  to  the  Mer- 
chants of  Philadelphia,  and  in  one  other,  out  of  three  which  I 
have  examined.  I  must  make  my  conditional  request,  therefore, 
an  absolute  one,  as  to  that  passage.  If  he  should  forbear  the 
use  of  the  term  in  all  his  answers  subsequent  to  the  perversion 


1793.  LETTERS.  595 

of  it  by  Pacificus,  it  will  strengthen  the  argument  used;  but  that 
must  be  a  future  and  contingent  consideration.     Mr.  D.  R.  was 
not  arrived  yesterday.    The  family  here  well;  so,  also,  at  Mon- 
ticello,  as  you  will,  no  doubt,  learn  from  the  spot  itself. 
Adieu.    Yrs  afftly. 


TO  THOMAS  JEFFERSON. 

August  27th,  1793. 

DEAR  SIR, — I  wrote  you  a  few  lines  by  the  last  post  from  this 
place,  just  to  apprise  you  of  my  movement  to  it.  I  have  since 
seen  the  Richmond  and  the  Philada  papers,  containing,  the 
latter,  the  certificate  of  Jay  &  King,  and  the  publications 
relating  to  the  subject  of  it;  the  former,  the  proceedings  at 
Richmond,  dictated,  no  doubt,  by  the  cabal  at  Philad'.  It  is 
painful  to  observe  the  success  of  the  management  for  putting 
Wythe  at  the  head  of  them.  I  understand,  however,  that  a 
considerable  revolution  has  taken  place  in  his  political  senti- 
ments, under  the  influence  of  some  disgusts  he  has  received 
from  the  State  Legislature.  By  what  has  appeared,  I  discover 
that  a  determination  has  been  formed  to  drag  before  the  public 
the  indiscretions  of  Genet,  and  turn  them  and  the  popularity 
of  the  President  to  the  purposes  driven  at.  Some  impression 
will  be  made  here,  of  course.  A  plan  is  evidently  laid  in 
Richmond  to  render  it  extensive.  If  an  early  and  well-digested 
effort  for  calling  out  the  real  sense  of  the  people  be  not  made, 
there  is  room  to  apprehend  they  may,  in  many  places,  be  misled. 

This  has  employed  the  conversation  of and  myself. 

We  shall  endeavor  at  some  means  of  repelling  the  danger,  par- 
ticularly by  setting  on  foot  expressions  of  the  public  mind  in 
important  counties,  and  under  the  auspices  of  respectable 
names.  I  have  written,  with  this  view,  to  Caroline,  and  have 
suggested  a  proper  train  of  ideas,  and  a  wish  that  Mr.  P.  would 
patronize  the  measure.  Such  an  example  would  have  great 
effect.  Even  if  it  should  not  be  followed,  it  would  be  con- 


596  WORKS    OF    MADISON.  1793. 

sidered  as  an  authentic  specimen  of  the  Country  temper,  and 
would  put  other  places  on  their  guard  against  the  snares  that 
may  be  laid  for  them.  The  want  of  opportunities,  and  our 
ignorance  of  trustworthy  characters,  will  circumscribe  our 
efforts  in  this  way  to  a  very  narrow  compass.  The  rains  for 
several  days  have,  delayed  my  trip  to  the  gentleman  named  in 
my  last.  Unless  to-morrow  should  be  a  favorable  day,  I  shall 
be  obliged  to  decline  it  altogether.  In  two  or  three  days  I 
shall  be  in  a  situation  to  receive  and  answer  your  letters,  as 
usual.  That  by  Mr.  D.  R.  has  not  reached  me. 


TO  THOMAS  JEFFERSON. 

Septr  2d,  1793. 

DEAR  SIR, — I  have  received  your  two  favors  of  the  llth  ult. 
by  Mr.  D.  R.,  and  of  the  18th  by  post. 

.The  conduct  of  Genet,  as  developed  in  these,  and  in  his  pro- 
ceedings as  exhibited  in  the  newspapers,  is  as  unaccountable  as 
it  is  distressing.  The  effect  is  beginning  to  be  strongly  felt 
here,  in  the  surprise  and  disgust  of  those  who  are  attached  to 
the  French  cause,  and  viewed  this  Minister  as  the  instrument 
for  cementing,  instead  of  alienating,  the  two  Republics.  These 
sensations  are  powerfully  reinforced  by  the  general  and  habit- 
ual veneration  for  the  President.  The  Anglican  party  is  busy, 
as  you  may  suppose,  in  making  the  worst  of  everything,  and  in 
turning  the  public  feelings  against  France,  and  thence  in  favor 
of  England.  The  only  antidote  for  their  poison  is  to  distin- 
guish between  the  nation  and  its  agent;  between  principles  and 
events;  and  to  impress  the  well-meaning  with  the  fact  that  the 
enemies  of  France  and  of  Liberty  are  at  work  to  lead  them 
from  their  honorable  connection  with  these  into  the  arms,  and 
ultimately  into  the  Government,  of  Great  Britain.  If  the 
genuine  sense  of  the  people  could  be  collected  on  the  several 
points  comprehended  in  the  occasion,  the  calamity  would  be 
greatly  alleviated,  if  not  absolutely  controuled.  But  this  is 
scarcely  possible.  The  country  is  too  much  uninformed,  and 


1793.  LETTERS.  597 

too  inert  to  speak  for  itself;  and  the  language  of  the  Towns, 
which  are  generally  directed  by  an  adverse  interest,  will  insid- 
iously inflame  the  evil.  It  is,  however,  of  such  infinite  import- 
ance to  our  own  Government,  as  well  as  to  that  of  France,  that 
the  real  sentiments  of  the  people  here  should  be  understood, 
that  something  ought  to  be  attempted  on  that  head.  I  inclose 
a  copy  of  a  train  of  Ideas  sketched  on  the  first  rumour  of  the 
war  between  the  Executive  and  Genet,  and  particularly  sug- 
gested by  the  Richmond  Resolutions,  as  a  groundwork  for 
those  who  might  take  the  lead  in  County  meetings.  It  was  in- 
tended that  they  should  be  modified  in  every  particular,  ac- 
cording to  the  state  of  information  and  the  particular  temper 
of  the  place.  A  copy  has  been  sent  to  Caroline,  with  a  hope 
that  Mr.  Pendleton  might  find  it  not  improper  to  step  forward; 
another  is  gone  to  the  District  Court  at  Staunton  in  the  hands 
of  Monroe,  who  carried  a  letter  from  me  on  the  subject  to  A. 
Stuart;  and  a  third  will  be  for  consideration  at  the  district 
court  at  Charlottesville.  If  these  examples  should  be  set, 
there  may  be  a  chance  of  like  proceedings  elsewhere;  and  in 
themselves  they  will  be  respectable  specimens  of  the  principles 
and  sensations  of  the  agricultural,  which  is  the  commanding 
part  of  the  Society.  I  am  not  sanguine,  however,  that  the 
effort  will  succeed.  If  it  does  not,  the  State  Legislatures,  and 
the  federal  also,  if  possible,  must  be  induced  to  take  up  the 
matter  in  its  true  point  of  view.  Monroe  and  myself  read  with 
attention  your  despatch  by  D.  R.,  and  had  much  conversation 
on  what  passed  between  you  and  the  President.  It  appeared 
to  both  of  us  that  a  real  anxiety  was  marked  to  retain  you  in 
office;  that  over  and  above  other  motives,  it  was  felt  that  your 
presence  and  implied  sanction  might  be  a  necessary  shield 
against  certain  criticisms  from  certain  quarters;  that  the  de- 
parture of  the  only  counsellor  possessing  the  confidence  of  the 
Republicans  would  be  a  signal  for  new  and  perhaps  very  dis- 
agreeable attacks;  that  in  this  point  of  view  the  respectful  and 
conciliatory  language  of  the  President  is  worthy  of  particular 
attention,  and  that  it  affords  a  better  hope  than  has  existed  of 
your  being  able  to  command  attention,  and  to  moderate  the 


598  WORKS    OF    MADISON.  1793. 

predominant  tone.  We  agreed  in  opinion,  also,  that  whilst  this 
end  is  pursued,  it  would  be  wise  to  make  as  few  concessions  as 
possible  that  might  embarrass  the  free  pursuit  of  measures 
which  may  be  dictated  by  Eepublican  principles,  and  required 
by  the  public  good.  In  a  word,  we  think  you  ought  to  make 
the  most  of  the  value  we  perceive  to  be  placed  on  your  partici- 
pation in  the  Executive  counsels.  I  am  extremely  glad  to  find 
that  you  are  to  remain  another  quarter.  The  season  will  be 
more  apropos  in  several  respects;  and  it  will  prevent  any  co- 
operation which  a  successor  might  be  disposed  to  make  towards 
a  final  breach  with  France.  I  have  little  hope  that  you  will 
have  one  whose  policy  will  have  the  same  healing  tendency 
with  yours.  I  foresee,  I  think,  that  it  will  be  either  King,  if 
Johnson  is  put  at  the  Treasury,  or  E.  Rutledge.  if  Wolcott 
should  be  put  there.  I  am  glad  the  President  rightly  infers  my 
determination  from  antecedent  circumstances,  so  as  to  free  me 
from  imputations  in  his  mind  connected  with  the  present  state 
of  things.  Monroe  is  particularly  solicitous  that  you  should 
take  the  view  of  your  present  position  and  opportunities  above 
suggested.  He  sees  so  forcibly  the  difficulty  of  keeping  the 
feelings  of  the  people  as  to  Genet  distinct  from  those  due  to 
his  constituents,  that  he  can  hardly  prevail  on  himself,  abso- 
lutely and  openly,  to  abandon  him.  I  concur  with  him  that  it 
ought  to  be  done  no  farther  than  is  forced  upon  us;  that  general 
silence  is  better  than  open  denunciation  and  crimination;  and 
that  it  is  not  unfair  to  admit  the  apologetic  influence  of  the 
errors  in  our  own  government,  which  may  have  inflamed  the 
passions  which  now  discolor  every  object  to  his  eye — such  as 
the  refusal,  in  the  outset  of  the  government,  to  favor  the  com- 
merce of  France  more  than  that  of  Great  Britain;  the  unfor- 
tunate appointment  of  Gouv.  Morris  to  the  former;  the  language 
of  the  proclamation;  the  attempts  of  Pacificus  to  explain  away 
and  dissolve  the  Treaty;  the  notoriety  of  the  author,  and  the 
appearance  of  its  being  an  informal  manifestation  of  the  views 
of  the  Executive,  &c. 

I  paid  a  short  visit  to  Mr.  W.  C.  Nicholas,  as  I  proposed. 
He  talks  like  a  sound  Republican  and  sincere  friend  to  the 


1793.  SKETCH,    ETC.  599 

French  cause,  in  every  respect.  I  collected  from  him  that 
Edmund  Randolph  had  admitted  to  him  that  he  drew  the  pro- 
clamation; that  he  had  been  attacked  on  it  at  Chatham  by  Mr. 
Jos.  Jones;  that  he  reprobated  the  comment  of  Pacificus,  &c. 
W.  C.  N.  observed  that  Hamilton  had  taken  the  Executive  in 
by  gaining  phrases,  of  which  he  could  make  the  use  he  has 

done. 

*  *      -      *  *  *  *  *• 

I  hope  you  have  received  the  five  Nos.  of  Helvidius.  I  must 
resume  the  task,  I  suppose,  in  relation  to  the  Treaty  and  grati- 
tude. I  feel,  however,  so  much  awkwardness  under  the  new 
posture  of  things,  that  I  shall  deliberate  whether  a  considerable 
postponement,  at  least,  may  not  be  advisable. 

I  found,  also,  on  my  return,  a  house  full  of  particular  friends, 
who  will  stay  some  weeks,  and  receive  and  return  visits,  from 
which  I  cannot  decently  exclude  myself.  If  I  should  perceive 
it  impossible  or  improper  to  continue  the  publication,  so  as  to 
avail  myself  of  the  channel  used  to  the  press,  I  shall  suspend  it 
till  I  see  and  talk  with  you  on  the  whole  matter. 

Adieu. 


Sketch. — [Referred  to  in  p.  597.] 

It  being  considered  that  it  is  at  all  times  the  right,  and  at  cer- 
tain periods  the  duty,  of  the  people  to  declare  their  principles 
and  opinions  on  subjects  which  concern  the  national  interest; 
that  at  the  present  conjuncture  this  duty  is  rendered  the  more  in- 
dispensable by  the  prevailing  practice  of  declaratory  resolutions, 
in  places  where  the  inhabitants  can  more  easily  assemble  and 
consult  than  in  the  country  at  large,  and  where  interests,  views, 
and  political  opinions,  different  from  those  of  the  great  body  of 
the  people,  may  happen  to  predominate,  whence  there  may  be 
danger  of  unfair  and  delusive  inferences  concerning  the  true 
and  general  sense  of  the  people;  it  being  also  considered  that, 
under  the  disadvantage  a  great  proportion  of  the  people  [suffer?] 
in  their  distant  and  dispersed  situation,  from  the  want  of  timely 


600  WORKS    OF    MADISON.  1793. 

and  correct  knowledge  of  particular  incidents,  and  the  conduct 
of  particular  persons  connected  with  public  transactions,  it  is 
most  prudent  and  safe  to  wait  with  a  decent  reserve  for  full 
and  satisfactory  information  in  relation  thereto,  and  in  public 
declarations  to  abide  by  those  great  principles,- just  sentiments, 
and  established  truths,  which  can  be  little  affected  by  personal 
or  transitory  occurrences: 

Therefore,  as  the  sense  of  the  present  Meeting, 

Resolved,  That  the  Constitution  of  the  United  States  ought 
to  be  firmly  and  vigilantly  supported  against  all  direct  or  in- 
direct attempts  that  may  be  made  to  subvert  or  violate  the 
same: 

That  as  it  is  the  interest  of  the  United  States  to  cultivate  the 
preservation  of  peace  by  all  just  and  honorable  means,  the  Ex- 
ecutive authority  ought  to  be  supported  in  the  exercise  of  its 
Constitutional  powers  and  functions  for  enforcing  the  laws  ex- 
isting for  that  purpose: 

That  the  eminent  virtues  and  services  of  our  illustrious  fel- 
low-citizen, George  Washington,  President  of  the  United  States, 
entitle  him  to  the  highest  respect  and  lasting  gratitude  of  his 
Country,  whose  peace,  liberty,  and  safety,  must  ever  remind  it 
of  his  distinguished  agency  in  promoting  the  same: 

That  the  eminent  and  generous  aids  rendered  to  the  United 
States  in  their  arduous  struggle  for  liberty  by  the  French 
Nation  ought  ever  to  be  remembered  and  acknowledged  with 
gratitude,  and  that  the  spectacle  exhibited  by  the  severe  and 
glorious  contest  in  which  it  is  now  engaged  for  its  own  liberty, 
ought  and  must  be  peculiarly  interesting  to  the  wishes,  the 
friendship,  and  the  sympathy  of  the  people  of  America: 

That  all  attempts  which  may  be  made,  in  whatever  form  or 
disguise,  to  alienate  the  good  will  of  the  people  of  America 
from  the  cause  of  liberty  and  republican  Government  in  France, 
have  a  tendency  to  weaken  their  affection  to  the  free  principles 
of  their  own  Government,  and  manifest  designs  which  ought  to 
be  narrowly  watched  and  seasonably  counteracted: 

That  such  attempts  to  disunite  Nations  mutually  attached  to 
the  cause  of  liberty,  and  viewed  with  unfriendly  eyes  by  all  who 


1793.  LETTERS.  601 

hate  it,  ought  more  particularly  to  be  reprobated  at  the  present 
crisis,  when  such  vast  efforts  are  making  by  a  combination  of 
Princes  and  Nobles  to  crush  an  example  that  may  open  the  eyes 
of  all  mankind  to  their  natural  and  political  rights: 

That  a  dissolution  of  the  honorable  and  beneficial  connection 
between  the  United  States  and  France  would  obviously  tend  to 
forward  a  plan  of  connecting  them  with  Great  Britain,  as  one 
great,  leading  step  towards  assimilating  our  Government  to  the 
form  and  spirit  of  the  British  Monarchy;  and  that  this  appre- 
hension is  greatly  strengthened  by  the  active  zeal  displayed  by 
persons  disaffected  to  the  American  Revolution,  and  by  others 
of  known  monarchical  principles,  in  propagating  prejudices 
against  the  French  Nation  and  Revolution. 


TO  JAMES  MONROE. 

September  15, 1793. 

DEAR  SIR, — Since  I  parted  from  you  I  have  had  several  let- 
ters from  Mr.  Jefferson,  in  which  all  the  facts  involving  Genet 
are  detailed.  His  conduct  has  been  that  of  a  madman.  He  is 
abandoned  even  by  his  votaries  in  Philadelphia.  Hutchison 
declares  that  he  has  ruined  the  Republican  interest  in  that 
place.  I  wish  I  could  forward  the  details  I  have  received,  but 
they  are  too  confidential  to  be  hazarded  by  the  casual  convey- 
ance to  which  this  is  destined.  They  ought,  however,  to  have 
no  other  effect  on  the  steps  to  be  pursued  than  to  caution  against 
founding  any  of  them  on  the  presumed  inculpability  of  Genet. 
As  he  has  put  himself  on  such  unjustifiable  ground,  perhaps  it 
is  fortunate  that  he  has  done  it  in  so  flagrant  a  manner.  It  will 
be  the  more  easily  believed  here  that  he  has  acted  against  the 
sense  of  his  constituents,  and  the  latter  will  be  the  less  likely 
to  support  him  in  his  errors.  I  find  that  the  Anglicans  and 
Monocrats,  from  Boston  to  Philadelphia,  are  betrayed  by  the 
occasion  into  the  most  palpable  discovery  of  their  real  views. 
They  already  lose  sight  of  the  Agent,  and  direct  their  hostilities 
immediately  against  France.  This  will  do  good,  if  proper  use 


602  WORKS    OF    MADISON.  1793, 

be  made  of  it.  You  will  see  by  the  late  papers  that  Great 
Britain  has  made  war  on  our  commerce,  by  intercepting  uncon- 
traband  articles  bound  to  unblockaded  ports,  and  taking  them 
to  herself  at  her  own  price.  This  must  bring  on  a  crisis  with 
us  unless  the  order  be  revoked  on  our  demand,  of  which  there 
is  not  the  least  probability.  I  understand  that  the  malignant 
fever  in  Philadelphia  is  raging  still  with  great  violence,  and  all 
the  inhabitants  who  can  are  flying  from  it  in  every  direction. 
The  mortality  at  first  was  in  the  ratio  of  3  out  of  4.  It  had 
been  reduced  to  1  out  of  3.  Mr.  Jefferson  is  in  raptures  with 
the  performance  of  our  friend  in  Caroline.  He  means  to  have 
it  appear  about  two  weeks  before  the  meeting  of  Congress. 
This  will  not  coincide  with  the  plan  of  the  Author,  who  wished 
its  publication  to  be  in  time  for  the  meeting  of  the  State  Legis- 
lature. Think  of  this,  and  let  me  know  your  ideas. 

On  my  return  home  I  found  a  letter  from  Mr.  Jones,  which  I 
enclose,  as  the  shortest  [way?]  of  making  you  acquainted  with 
what  he  wishes.     With  all  due  respect  to  Mrs.  Monroe, 
I  am,  yours  affectionately. 


TO  GEOEGE  WASHINGTON. 

ORANGE,  Oct.  24th,  1793. 

DEAR  SIR, — Your  letter  of  the  14th  Inst.  did  not  arrive  till 
Sunday  night,  and  being  not  then  at  home,  I  did  not  receive  it 
till  last  night.  I  now  lose  not  a  moment  in  complying  with  its 
request;  tho'  I  foresee  it  cannot  reach  you  before  you  will  have 
left  Mount  Yernon,  and  before  you  will  probably  have  made  up 
a  final  determination  on  some,  if  not  all  the  questions  proposed. 
These  are: 

1.  Ought  the  President  to  summon  Congress  at  a  time  and 
place  to  be  named  by  him  ?  or, 

2.  If  the  President  has  no  power  to  change  the  place,  ought 
he  to  abstain  from  all  interposition  whatever  ?  or, 

3.  Ought  he  to  notify  the  obstacle  to  a  meeting  at  Philada, 


1793-  LETTERS.  603 

state  the  defect  of  a  regular  provision  for  the  exigency,  and 
suggest  his  purpose  of  repairing  to  a  place  deemed  most  eligi- 
ble for  a  meeting  in  the  first  instance  ? 

4.  What  is  the  place  liable  to  the  fewest  objections  ? 

From  the  best  investigation  I  have  been  able  to  make  in  so 
short  a  time,  the  first  expedient,  tho'  most  adequate  to  the  exi- 
gency, seems  to  require  an  authority  that  does  not  exist  under 
the  Constitution  and  laws  of  the  U.  S. 

The  only  passage  in  the  Constitution  in  which  such  an  au- 
thority could  be  sought  is  that  which  says:  "The  President 
may,  on  extraordinary  occasions,  convene  both  Houses,  or  either 
of  them."  But  the  obvious  import  of  these  terms  is  satisfied  by 
referring  them  to  the  time  only  at  which  the  extraordinary 
meeting  is  summoned.  If,  indeed,  they  included  a  discretion  as 
to  the  place  as  well  as  the  time,  it  would  be  unnecessary  to  re- 
cur to  the  expedient  of  altering  the  time  in  order  to  get  at  an 
alteration  of  the  place.  The  President  could  as  well  alter  the 
place  without  interfering  with  the  time,  as  alter  the  time  with- 
out interfering  with  the  place.  Besides,  the  effect  of  a  change 
as  to  place  would  not  be  in  all  respects  similar  to  a  change  as 
to  time.  In  the  latter  case,  an  extraordinary  Session,  running 
into  the  period  of  an  ordinary  one,  would  allow  the  ordinary 
one  to  go  on  under  all  the  circumstances  prescribed  by  law.  In 
the  former  case,  this  would  not  happen.  The  ordinary  part  of 
the  Session  would  be  held  out  of  the  place  prescribed  .for  it, 
unless  prevented  by  a  positive  act  for  returning  to  it. 

The  obvious  meaning  here  assigned  to  the  phrase  is  confirmed 
by  other  parts  of  the  Constitution.  It  is  well  known  that  much 
jealousy  has  always  appeared  in  everything  connected  with  the 
residence  of  the  General  Government.  The  solicitude  of  the 
Constitution  to  appease  this  jealousy  is  particularly  marked  by 
the  1st  paragraph  of  section  6th,  and  the  3d  paragraph  of  section 
the  7th,  of  Article  I.  The  light  in  which  these  paragraphs  must 
be  viewed  cannot  well  be  reconciled  with  a  supposition  that  it 
was  meant  to  entrust  the  executive  alone  with  any  power  on 
that  subject. 

Laying  aside  the  Constitution  and  consulting  the  law,  the  ex- 


604  WORKS    OF    MADISON.  1793. 

pedierrt  seems  to  be  no  lees  inadmissible.  The  act  of  July,  1790, 
"  establishing  the  temporary  and  permanent  seat  of  the  Govern- 
ment of  the  U.  S,"  cannot  be  understood  to  leave  any  such 
power  in  the  President.  And  as  the  power,  if  exercised  so  as 
to  interfere  with  the  provision  relating  to  the  temporary  seat, 
might  beget  an  alarm,  lest,  in  the  hands  of  a  President  unfriendly 
to  the  permanent  seat,  it  should  be  turned  on  some  pretext  or 
other  against  that  arrangement,  prudential  reasons  unite  with 
legal  ones  for  avoiding  the  precedent. 

The  2d  mode  of  treating  the  difficulty  would  seem  to  be  best, 
if  the  danger  at  Germantown  were  out  of  the  way.  A  volun- 
tary resort  to  that  place  might  be  relied  on;  and  the  members 
of  the  Legislature,  finding  themselves  together  and  with  the 
President,  might  legalize  the  necessary  steps;  or,  if  that  should 
be  thought  wrong,  might  deliberate  and  decide  for  themselves 
on  the  emergency.  But  as  the  danger  might  defeat  such  an  ex- 
pectation, it  results  that  the 

3d  expedient  is  called  for  by  the  occasion;  and  being  sufficient, 
is  all  that  can  be  justified  by  it. 

The  4th  point  to  be  considered  is  the  delicate  one  of  naming 
the  place. 

In  deciding  this  point,  it  would  seem  proper  to  attend,  first, 
to  the  risk  of  the  infection;  this  consideration  lies,  as  you  ob- 
serve, against  Trenton  and  Wilmington.  Secondly,  to  Northern 
and  Southern  jealousies.  This  applies  to  N.  York  and  Annap- 
olis. Thirdly,  to  the  disposition  of  Pennsyla;  which  is  entitled 
to  some  regard,  as  well  by  her  calamity  as  by  the  circumstance 
of  her  being  in  possession  of  the  Government. 

In  combining  these  considerations,  we  are  led  to  look  for  some 
place  within  the  State  of  Pennsyl*  not  materially  diiferent  from 
Philada  in  relation  to  North  and  South.  Lancaster  and  Read- 
ing appear  to  have  occurred.  With  the  former  I  am  but  little 
acquainted.  The  latter  I  never  saw.  If  the  object  of  the  Ex- 
ecutive should  be  merely  to  put  Congress  in  the  most  neutral 
situation  possible  for  choosing  a  place  for  themselves,  as  would 
have  been  the  case  at  Germantown,  Reading  seems  to  have  the 
better  pretensions.  If  the  object  should  be  to  provide  a  place, 


1793.  LETTERS.  605 

at  once  marking  an  impartiality  in  the  Executive,  and  capable 
of  retaining  Congress  during  the  Session,  Lancaster  seems  to 
claim  a  preference. 

If  the  measure  which  my  present  view  of  the  subject  favors 
should  be  deemed  least  objectionable,  something  like  the  fol- 
lowing form  might  be  given  to  it: 

Whereas  a  very  dangerous  and  infectious  malady,  which 
continues  to  rage  in  the  City  of  Philada,  renders  it  indispensa- 
ble that  the  approaching  Session  of  Congress  should  be  held, 
as  well  as  the  Executive  Department  be  for  the  present  admin- 
istered, at  some  other  place;  And  whereas  no  regular  provis- 
ion exists  for  such  an  emergency,  so  that,  unless  some  other 
place  be  pointed  out  at  which  the  members  of  Congress  may 
assemble  in  the  first  instance,  great  embarrassments  may  hap- 
pen; under  these  peculiar  circumstances,  I  have  thought  it  in- 
cumbent on  me  to  notify  the  obstacle  to  a  meeting  of  Congress 
at  the  ordinary  place  of  their  Session,  and  to  recommend  that 

the  several  members  assemble  on  the  day  appointed  at , 

in  the  State  of ,  at  which  place  I  shall  be  ready  to 

meet  them. 

G.  W.,  P.  U.  S. 


October  29, 1793. 

DEAB  SIB, — Inclosed  are  two  newspapers,  one  of  which  con- 
tains the  Eesolutions  proposed  at  Fredericksburg  and  a  letter 
from  Bourdeaux,  which  is  not  uninteresting.  You  will  find, 
also,  two  pieces,  one  from  Alexandria,  and  another  answering 
it,  which,  as  connected  with  the  present  crisis,  may  be  worth 
reading.  At  Culpeper  Court  the  proposed  meeting  took  effect, 
General  Stephens  in  the  chair.  The  result,  as  stated  to  me,  is 
not  censurable,  if  at  all,  on  the  score  surmised.  It  has  not  the 
smallest  tincture  of  Anglomany  or  Aristocracy.  I  am  informed 
that  one  of  the  Resolutions,  which  speaks  of  the  attempts  to 
alienate  America  from  France  in  the  past,  as  well  as  future 


£06  WORKS    OF    MADISON.  1793. 

time,  was  carried  in  the  Committee,  after  considerable  debate, 
and  confirmed  by  the  people  on  a  motion  to  amend.  The  Reso- 
lutions in  Fauquier  are  said  to  be  a  servile  echo  of  those  in 
Richmond.  When  you  come  on,  pray  bring  with  you  such  of 
Davis'  papers  as  may  have  been  received  since  I  left  you.  I 
send  the  little  balance  of  tea  due  to  Mrs.  Monroe,  which  I  in- 
tended, but  failed,  to  procure  before  my  late  trip.  As  you  are 
becoming  a  worshipper  of  Ceres,  I  add  an  ear  of  corn,  which  is 
forwarder,  by  three  weeks,  than  the  ordinary  sort,  and  if  given 
to  your  overseer,  may  supply  a  seasonable  dish  on  your  return 
next  summer.  Mr.  Jefferson  is  so  delighted  with  it,  that  he  not 
only  requested  me  to  forward  some  to  Mr.  Randolph,  but  took 
an  ear  with  him,  to  be  brought  back  on  his  return,  that  there 
might  be  no  possible  disappointment.  Should  you  have  an  op- 
portunity, after  you  know  the  day  of  your  setting  out,  be  so 
good  as  to  drop  me  notice  of  it.  My  compliments  to  Mrs. 
Monroe. 

Trs,  always  and  aff'7. 


HELYIDIUS, 

IN  ANSWER  TO 

PACIFICUS, 

ON 


APEIL  22,  1793. 


PROCLAMATION    OF    NEUTRALITY. 
APRIL  22,  1793. 


Whereas  it  appears  that  a  state  of  war  exists  between  Austria,  Prussia.  Sar- 
dinia, Great  Britain,  and  the  United  Netherlands,  of  the  one  part,  and  France 
on  the  other,  and  the  duty  and  interest  of  the  United  States  require  that  they 
should  with  sincerity  and  good  faith  adopt  and  pursue  a  conduct  friendly  and 
impartial  towards  the  belligerent  powers : 

I  have  therefore  thought  fit,  by  these  presents,  to  declare  the  disposition  of 
the  United  States  to  observe  the  conduct  aforesaid  towards  those  powers  respec- 
tively; and  to  exhort  and  warn  the  citizens  of  the  United  States  carefully  to 
avoid  all  acts  and  proceedings  whatsoever,  which  may  in  any  manner  tend  to 
contravene  such  disposition. 

And  I  do  hereby  also  make  known  that  whosoever  of  the  citizens  of  the 
United  States  shall  render  himself  liable  to  punishment  or  forfeiture  under  the 
law  of  nations,  by  committing,  aiding,  or  abetting  hostilities  against  any  of  the 
said  powers,  or  by  carrying  to  any  of  them  those  articles  which  are  deemed 
contraband  by  the  modern  usage  of  nations,  will  not  receive  the  protection  of 
the  United  States  against  such  punishment  or  forfeiture;  and  further,  that  I  have 
given  instructions  to  those  officers,  to  whom  it  belongs,  to  cause  prosecutions  to 
be  instituted  against  all  persons  who  shall,  within  the  cognizance  of  the  courts 
of  the  United  States,  violate  the  law  of  nations,  with  respect  to  the  powers  at 
war,  or  any  of  them. 

In  testimony  whereof,  I  have  caused  the  seal  of  the  United  States  of 
America  to  be  affixed  to  these  presents,  and  signed  the  same  with  my 
[L.  s.]    hand.    Done  at  the  City  of  Philadelphia,  the  twenty-second  day  of 
April,  one  thousand  seven  hundred  and  ninety-three,  and  of  the  In- 
dependence of  the  United  States  of  America  the  seventeenth. 

G.  WASHINGTON. 
BY  THE  PRESIDENT  : 

THOMAS  JEFFERSON. 
VOL.  I.  39 


HE.LVIDIUS. 


NUMBER  I. 

Several  pieces  with  the  signature  of  PACIPICUS  were  lately 
published,  which  have  been  read  with  singular  pleasure  and 
applause  by  the  foreigners  and  degenerate  citizens  among  us, 
who  hate  our  republican  government,  and  the  French  revolu- 
tion; whilst  the  publication  seems  to  have  been  too  little 
regarded,  or  too  much  despised,  by  the  steady  friends  to 
both. 

Had  the  doctrines  inculcated  by  the  writer,  with  the  natural 
consequences  from  them,  been  nakedly  presented  to  the  public, 
this  treatment  might  have  been  proper.  Their  true  character 
would  then  have  struck  every  eye,  and  been  rejected  by  the 
feelings  of  every  heart.  But  they  offer  themselves  to  the  reader 
in  the  dress  of  an  elaborate  dissertation;  they  are  mingled  with 
a  few  truths  that  may  serve  them  as  a  passport  to  credulity; 
and  they  are  introduced  with  professions  of  anxiety  for  the 
preservation  of  peace,  for  the  welfare  of  the  government,  and 
for  the  respect  due  to  the  present  head  of  the  executive,  that 
may  prove  a  snare  to  patriotism. 

In  these  disguises  they  have  appeared  to  claim  the  attention 
I  propose  to  bestow  on  them,  with  a  view  to  show,  from  the 
publication  itself,  that  under  color  of  vindicating  an  important 
public  act  of  a  chief  magistrate  who  enjoys  the  confidence  and 
love  of  his  country,  principles  are  advanced  which  strike  at 
the  vitals  of  its  constitution,  as  well  as  at  its  honor  and  true 
interest. 

As  it  is  not  improbable  that  attempts  may  be  made  to  apply 
insinuations,  which  are  seldom  spared  when  particular  purposes 
are  to  be  answered,  to  the  author  of  the  ensuing  observations, 
it  may  not  be  improper  to  premise,  that  he  is  a  friend  to  the 
constitution,  that  he  wishes  for  the  preservation  of  peace,  and 


612  WORKS    OF    MADISON.  1793. 

that  the  present  chief  magistrate  has  not  a  fellow-citizen  who 
is  penetrated  with  deeper  respect  for  his  merits,  or  feels  a  purer 
solicitude  for  his  glory. 

This  declaration  is  made  with  no  view  of  courting  a  more 
favorable  ear  to  what  may  be  said  than  it  deserves.  The  sole 
purpose  of  it  is,  to  obviate  imputations  which  might  weaken 
the  impressions  of  truth;  and  which  are  the  more  likely  to  be 
resorted  to,  in  proportion  as  solid  and  fair  arguments  may  be 
wanting. 

The  substance  of  the  first  piece,  sifted  from  its  inconsistencies 
and  its  vague  expressions,  may  be  thrown  into  the  following 
propositions : 

That  the  powers  of  declaring  war  and  making  treaties  are,  in 
their  nature,  executive  powers: 

That  being  particularly  vested  by  the  constitution  in  other 
departments,  they  are  to  be  considered  as  exceptions  out  of  the 
general  grant  to  the  executive  department: 

That  being,  as  exceptions,  to  be  construed  strictly,  the  powers 
not  strictly  within  them  remain  with  the  executive: 

That  the  executive,  consequently,  as  the  organ  of  inter- 
course with  foreign  nations,  and  the  interpreter  and  executor 
of  treaties,  and  the  law  of  nations,  is  authorized  to  expound 
all  articles  of  treaties,  those  involving  questions  of  war  and 
peace,  as  well  as  others;  to  judge  of  the  obligations  of  the 
United  States  to  make  war  or  not,  under  any  casus  fcederis,  or 
eventual  operation  of  the  contract  relating  to  war;  and  to  pro- 
nounce the  state  of  things  resulting  from  the  obligations  of  the 
United  States,  as  understood  by  the  executive: 

That,  in  particular,  the  executive  had  authority  to  judge 
whether,  in  the  case  of  the  mutual  guaranty  between  the  United 
States  and  France,  the  former  were  bound  by  it  to  engage  in 
the  war: 

That  the  executive  has,  in  pursuance  of  that  authority,  de- 
cided that  the  United  States  are  not  bound:  and 

That  its  proclamation  of  the  22d  of  April  last  is  to  be  taken 
as  the  effect  and  expression  of  that  decision. 

The  basis  of  the  reasoning  is,  we  perceive,  the  extraordinary 


1793.  HELVIDIUS,  NO.  I.  613 

doctrine  that  the  powers  of  making  war  and  treaties  are,  in 
their  nature,  executive,  and  therefore  comprehended  in  the 
general  grant  of  executive  power,  where  not  especially  and 
strictly  excepted  out  of  the  grant. 

Let  us  examine  this  doctrine;  and  that  we  may  avoid  the 
possibility  of  mistaking  the  writer,  it  shall  be  laid  down  in  his 
own  words;  a  precaution  the  more  necessary,  as  scarce  any 
thing  else  could  outweigh  the  improbability  that  so  extravagant 
a  tenet  should  be  hazarded  at  so  early  a  day,  in  the  face  of  the 
public. 

His  words  are:  "  Two  of  these  [exceptions  and  qualifications 
"  to  the  executive  powers]  have  been  already  noticed — the  par- 
"  ticipation  of  the  senate  in  the  appointment  of  officers  and  the 
"  making  of  treaties.  A.  third  remains  to  be  mentioned — the 
"  right  of  the  legislature  to  declare  war  and  grant  letters  of 
"  marque  and  reprisal." 

Again:  "It  deserves  to  be  remarked,  that  as  the  participation 
"  of  the  senate  in  the  making  of  treaties,  and  the  power  of  the 
"  legislature  to  declare  war,  are  exceptions  out  of  the  general 
"  executive  power  vested  in  the  president,  they  are  to  be  con- 
"  strued  strictly,  and  ought  to  be  extended  no  further  than  is 
"  essential  to  their  execution." 

If  there  be  any  countenance  to  these  positions,  it  must  be 
found  either,  first,  in  the  writers  of  authority  on  public  law; 
or,  2d,  in  the  quality  and  operation  of  the  powers  to  make 
war  and  treaties;  or,  3d,  in  the  constitution  of  the  United 
States. 

It  would  be  of  little  use  to  enter  far  into  the  first  source  of 
information,  not  only  because  our  own  reason  and  our  own  con- 
stitution are  the  best  guides,  but  because  a  just  analysis  and 
discrimination  of  the  powers  of  government,  according  to  their 
executive,  legislative,  and  judiciary  qualities,  are  not  to  be 
expected  in  the  works  of  the  most  received  jurists,  who  wrote 
before  a  critical  attention  was  paid  to  those  objects,  and  with 
their  eyes  too  much  on  monarchical  governments,  where  all 
powers  are  confounded  in  the  sovereignty  of  the  prince.  It 
will  be  found,  however,  I  believe,  that  all  of  them,  particularly 


614  WORKS    OF    MADISON.  1793. 

Wolfius,  Burlamaqui,  and  Vattel,  speak  of  the  powers  to 
declare  war,  to  conclude  peace,  and  to  form  alliances,  as 
among  the  highest  acts  of  the  sovereignty,  of  which  the 
legislative  power  must  at  least  be  an  integral  and  pre-eminent 
part. 

Writers,  such  as  Locke  and  Montesquieu,  who  have  discussed 
more  particularly  the  principles  of  liberty  and  the  structure  of 
government,  lie  under  the  same  disadvantage  of  having  written 
before  those  subjects  were  illuminated  by  the  events  and  discus- 
sions which  distinguish  a  very  recent  period.  Both  of  them, 
too,  are  evidently  warped  by  a  regard  to  the  particular  govern- 
ment of  England,  to  which  one  of  them  owed  allegiance;*  and 
the  other  professed  an  admiration  bordering  on  idolatry.  Mon- 
tesquieu, however,  has  rather  distinguished  himself  by  enforcing 
the  reasons  and  the  importance  of  avoiding  a  confusion  of  the 
several  powers  of  government,  than  by  enumerating  and 
defining  the  powers  which  belong  to  each  particular  class. 
And  Locke,  notwithstanding  the  early  date  of  his  work  on 
civil  government,  and  the  example  of  his  own  government 
before  his  eyes,  admits  that  the  particular  powers  in  question, 
which,  after  some  of  the  writers  on  public  law,  he  calls  federa- 
tive, are  really  distinct  from  the  executive,  though  almost  always 
united  with  it,  and  hardly  to  be  separated  into  distinct  hands. 
Had  he  not  lived  under  a  monarchy  in  which  these  powers 
were  united,  or  had  he  written  by  the  lamp  which  truth  now 
presents  to  lawgivers,  the  last  observation  would  probably 
never  have  dropped  from  his  pen.  But  let  us  quit  a  field  of 
research  which  is  more  likely  to  perplex  than  to  decide,  and 
bring  the  question  to  other  tests  of  which  it  will  be  more  easy 
to  judge. 

2.  If  we  consult  for  a  moment  the  nature  and  operation  of 
the  two  powers  to  declare  war  and  to  make  treaties,  it  will  be 
impossible  not  to  see  that  they  can  never  fall  within  a  proper 
definition  of  executive  powers.  The  natural  province  of  the 


*  The  chapter  on  prerogative  shows  how  much  the  reason  of  the  philosopher 
was  clouded  by  the  royalism  of  the  Englishman. 


1793.  HELVIDIUS,  NO,   I.  615 

executive  magistrate  is  to  execute  laws,. as  that  of  the  legislature 
is  to  make  laws.  All  his  acts,  therefore,  properly  executive, 
must  presuppose  the  existence  of  the  laws  to  be  executed.  A 
treaty  is  not  an  execution  of  laws;  it  does  not  presuppose  the 
existence  of  laws.  It  is,  on  the  contrary,  to  have  itself  the 
force  of  a  law,  and  to  be  carried  into  execution,  like  all  other  laws, 
by  the  executive  magistrate.  To  say,  then,  that  the  power  of 
making  treaties,  which  are  confessedly  laws,  belongs  naturally 
to  the  department  which  is  to  execute  laws,  is  to  say  that  the 
executive  department  naturally  includes  a  legislative  power. 
In  theory  this  is  an  absurdity;  in  practice,  a  tyranny. 

The  power  to  declare  war  is  subject  to  similar  reasoning. 
A  declaration  that  there  shall  be  war  is  not  an  execution  of 
laws;  it  does  not  suppose  pre-existing  laws  to  be  executed;  it 
is  not,  in  any  respect,  an  act  merely  executive.  It  is,  on  the 
contrary,  one  of  the  most  deliberative  acts  that  can  be  per- 
formed, and,  when  performed,  has  the  effect  of  repealing  all  the 
laws  operating  in  a  state  of  peace,  so  far  as  they  are  in- 
consistent with  a  state  of  war,  and  of  enacting  as  a  rule  for  the 
executive  a  new  code  adapted  to  the  relation  between  the  society 
and  its  foreign  enemy.  In  like  manner,  a  conclusion  of  peace 
annuls  all  the  laivs  peculiar  to  a  state  of  war,  and  revives  the 
general  laws  incident  to  a  state  of  peace. 

These  remarks  will  be  strengthened  by  adding  that  treaties, 
particularly  treaties  of  peace,  have  sometimes  the  effect  of 
changing  not  only  the  external  laws  of  the  society,  but  operate 
also  on  the  internal  code,  which  is  purely  municipal,  and  to 
which  the  legislative  authority  of  the  country  is  of  itself  com- 
petent and  complete. 

From  this  view  of  the  subject  it  must  be  evident,  that  although 
the  executive  may  be  a  convenient  organ  of  preliminary  com- 
munications with  foreign  governments  on  the  subjects  of  treaty 
or  war,  and  the  proper  agent  for  carrying  into  execution  the 
final  determinations  of  the  competent  authority,  yet  it  can  have 
no  pretensions,  from  the  nature  of  the  powers  in  question  com- 
pared  with  the  nature  of  the  executive  trust,  to  that  essential 
agency  which  gives  validity  to  such  determinations.  It  must 


§16  WORKS    OP    MADISON.  1793. 

be  further  evident,  that  if  these  powers  be  not,  in  their  nature, 
purely  legislative,  they  partake  so  much  more  of  that  than  of 
any  other  quality,  that  under  a  constitution  leaving  them  to 
result  to  their  most  natural  department,  the  legislature  would 
be  without  a  rival  in  its  claim. 

Another  important  inference  to  be  noted  is,  that  the  powers 
of  making  war  and  treaty  being  substantially  of  a  legislative, 
not  an  executive  nature,  the  rule  of  interpreting  exceptions 
strictly  must  narrow,  instead  of  enlarging,  executive  pretensions 
on  those  subjects. 

3.  It  remains  to  be  inquired,  whether  there  be  anything  in 
the  constitution  itself  which  shows  that  the  powers  of  making 
war  and  peace  are  considered  as  of  an  executive  nature, 
and  as  comprehended  within  a  general  grant  of  executive 
power. 

It  will  not  be  pretended  that  this  appears  from  any  direct 
position  to  be  found  in  the  instrument. 

If  it  were  deducible  from  any  particular  expressions,  it  may 
be  presumed  that  the  publication  would  have  saved  us  the  trou- 
ble of  the  research. 

Does  the  doctrine,  then,  result  from  the  actual  distribution 
of  powers  among  the  several  branches  of  the  government? 
or  from  any  fair  analogy  between  the  powers  of  war  and 
treaty,  and  the  enumerated  powers  vested  in  the  executive 
alone  ? 

Let  us  examine : 

In  the  general  distribution  of  powers,  we  find  that  of  declar- 
ing war  expressly  vested  in  the  Congress,  where  every  other 
legislative  power  is  declared  to  be  vested,  and  without  any 
other  qualification  than  what  is  common  to  every  other  legisla- 
tive act.  The  constitutional  idea  of  this  power  would  seem, 
then,  clearly  to  be,  that  it  is  of  a  legislative,  and  not  an  execu- 
tive nature. 

This  conclusion  becomes  irresistible,  when  it  is  recollected 
that  the  constitution  cannot  be  supposed  to  have  placed  either 
any  power  legislative  in  its  nature  entirely  among  executive 
powers,  or  any  power  executive  in  its  nature  entirely  among 


1793.  HELVIDIUS,  NO.  I.  617 

legislative  powers,  without  charging  the  constitution  with  that 
kind  of  intermixture  and  consolidation  of  different  powers  which 
would  violate  a  fundamental  principle  in  the  organization  of 
free  governments.  If  it  were  not  unnecessary  to  enlarge  on 
this  topic  here,  it  could  be  shown  that  the  constitution  was 
originally  vindicated,  and  has  been  constantly  expounded,  with 
a  disavowal  of  any  such  intermixture. 

The  power  of  treaties  is  vested  jointly  in  the  president  and 
in  the  senate,  which  is  a  branch  of  the  legislature.  From  this 
arrangement  merely,  there  can  be  no  inference  that  would  neces- 
sarily exclude  the  power  from  the  executive  class:  since  the 
senate  is  joined  with  the  president  in  another  power,  that  of 
appointing  to  offices,  which,  as  far  as  relate  to  executive  offices, 
at  least,  is  considered  as  of  an  executive  nature.  Yet,  on  the 
other  hand,  there  are  sufficient  indications  that  the  power  of 
treaties  is  regarded  by  the  constitution  as  materially  different 
from  mere  executive  power,  and  as  having  more  affinity  to  the 
legislative  than  to  the  executive  character. 

One  circumstance  indicating  this,  is  the  constitutional  regula- 
tion under  which  the  senate  give  their  consent  in  the  case  of 
treaties.  In  all  other  cases,  the  consent  of  the  body  is  expressed 
by  a  majority  of  voices.  In  this  particular  case,  a  concurrence 
of  two-thirds,  at  least,  is  made  necessary,  as  a  substitute  or  com- 
pensation for  the  other  branch  of  the  legislature,  which,  on 
certain  occasions,  could  not  be  conveniently  a  party  to  the 
transaction. 

But  the  conclusive  circumstance  is,  that  treaties,  when  formed 
according  to  the  constitutional  mode,  are  confessedly  to  have 
the  force  and  operation  of  laws,  and  are  to  be  a  rule  for  the 
courts  in  controversies  between  man  and  man,  as  much  as  any 
otJier  laws.  They  are  even  emphatically  declared  by  the  con- 
stitution to  be  "  the  supreme  law  of  the  land." 

So  far,  the  argument  from  the  constitution  is  precisely  in  oppo- 
sition to  the  doctrine.  As  little  will  be  gained  in  its  favor  from 
a  comparison  of  the  two  powers  with  those  particularly  vested 
in  the  president  alone. 


618  WORKS    OF    MADISON.  1793. 

As  there  are  but  few,  it  will  be  most  satisfactory  to  review 
them  one  by  one. 

"  The  president  shall  be  commander-in-chief  of  the  army  and 
"  navy  of  the  United  States,  and  of  the  militia  when  called 
•''  into  the  actual  service  of  the  United  States." 

There  can  be  no  relation  worth  examining  between  this 
power  and  the  general  power  of  making  treaties.  And  instead 
of  being  analogous  to  the  power  of  declaring  war,  it  affords  a 
striking  illustration  of  the  incompatibility  of  the  two  powers 
in  the  same  hands.  Those  who  are  to  conduct  a  war  cannot,  in 
the  nature  of  things,  be  proper  or  safe  judges,  whether  a  war 
ought  to  be  commenced,  continued,  or  concluded.  They  are 
barred  from  the  latter  function  by  a  great  principle  in  free 
government,  analogous  to  that  which  separates  the  sword  from 
the  purse,  or  the  power  of  executing  from  the  power  of  enacting 
laws. 

"•He  may  require  the  opinion  in  writing  of  the  principal 
"  officers  in  each  of  the  executive  departments  upon  any 
"  subject  relating  to  the  duties  of  their  respective  offices ; 
"  and  he  shall  have  power  to  grant  reprieves  and  pardons 
"  for  offences  against  the  United  States,  except  in  case  of 
"  impeachment."  These  powers  can  have  nothing  to  do  with 
the  subject. 

"  The  president  shall  have  power  to  fill  up  vacancies  that 
"  may  happen  during  the  recess  of  the  senate,  by  granting  com- 
"  missions,  which  shall  expire  at  the  end  of  the  next  session." 
The  same  remark  is  applicable  to  this  power,  as  also  to  that  of 
"  receiving  ambassadors,  other  public  ministers,  and  consuls." 
The  particular  use  attempted  to  be  made  of  this  last  power  will 
be  considered  in  another  place. 

"  He  shall  take  care  that  the  laws  shall  be  faithfully  executed, 
and  shall  commission  all  officers  of  the  United  States."  To  see 
the  laws  faithfully  executed  constitutes  the  essence  of  the  execu- 
tive authority.  But  what  relation  has  it  to  the  power  of  making 
treaties  and  war;  that  is,  of  determining  what  the  laws  shall  be 
with  regard  to  other  nations  ?  No  other,  certainly,  than  what 


1793.  HELVIDITJS.NO.  I.  619 

subsists  between  the  powers  of  executing  and  enacting  laws;  no 
other,  consequently,  than  what  forbids  a  coalition  of  the  powers 
in  the  same  department. 

I  pass  over  the  few  other  specified  functions  assigned  to  the 
president,  such  as  that  of  convening  the  legislature,  &c.,  <fec., 
which  cannot  be  drawn  into  the  present  question. 

It  may  be  proper,  however,  to  take  notice  of  the  power  of 
removal  from  office,  which  appears  to  have  been  adjudged  to 
the  president  by  the  laws  establishing  the  executive  depart- 
ments, and  which  the  writer  has  endeavored  to  press  into  his 
service.  To  justify  any  favorable  inference  from  this  case,  it 
must  be  shown  that  the  powers  of  war  and  treaties  are  of  a 
kindred  nature  to  the  power  of  removal,  or  at  least  are  equally 
within  a  grant  of  executive  power.  Nothing  of  this  sort  has 
been  attempted,  nor  probably  will  be  attempted.  Nothing  can, 
in  truth,  be  clearer,  than  that  no  analogy,  or  shade  of  analogy, 
can  be  traced  between  a  power  in  the  supreme  officer,  respon- 
sible for  the  faithful  execution  of  the  laws,  to  displace  a  sub- 
altern officer  employed  in  the  execution  of  the  laws;  and  a 
power  to  make  treaties,  and  to  declare  war,  such  as  these  have 
been  found  to  be  in  their  nature,  their  operation,  and  their  con- 
sequences. 

Thus  it  appears,  that  by  whatever  standard  we  try  this 
doctrine,  it  must  be  condemned  as  no  less  vicious  in  theory 
than  it  would  be  dangerous  in  practice.  It  is  countenanced 
neither  by  the  writers  on  law;  nor  by  the  nature  of  the 
powers  themselves;  nor  by  any  general  arrangements,  or  par- 
ticular expressions,  or  plausible  analogies,  to  be  found  in  the 
constitution. 

Whence,  then,  can  the  writer  have  borrowed  it  ? 

There  is  but  one  answer  to  this  question. 

The  power  of  making  treaties  and  the  power  of  declaring 
war,  are  royal  prerogatives  in  the  British  government,  and  are 
accordingly  treated  as  executive  prerogative  by  British  commen- 
tators. 

We  shall  be  the  more  confirmed  in  the  necessity  of  this  solu- 
tion of  the  problem  by  looking  back  to  the  era  of  the  consti- 


620  WORKS    OF    MADISON. 

tution,  and  satisfying  ourselves  that  the  writer  could  not  have 
been  misled  by  the  doctrines  maintained  by  our  own  commenta- 
tors on  our  own  government.  That  I  may  not  ramble  beyond 
prescribed  limits,  I  shall  content  myself  with  an  extract  from  a 
work  which  entered  into  a  systematic  explanation  and  defence 
of  the  constitution,  and  to  which  there  has  frequently  been 
ascribed  some  influence  in  conciliating  the  public  assent  to  the 
government  in  the  form  proposed.  Three  circumstances  con- 
spire in  giving  weight  to  this  cotemporary  exposition.  It  was 
made  at  a  time  when  no  application  to  persons  or  measures 
could  bias:  the  opinion  given  was  not  transiently  mentioned, 
but  formally  and  critically  elucidated:  it  related  to  a  point  in 
the  constitution  which  must  consequently  have  been  viewed  as 
of  importance  in  the  public  mind.  The  passage  relates  to  the 
power  of  making  treaties;  that  of  declaring  war  being  arranged 
with  such  obvious  propriety  among  the  legislative  powers,  as  to 
be  passed  over  without  particular  discussion. 

"  Though  several  writers  on  the  subject  of  government  place 
"  that  power  [of  making  treaties]  in  the  class  of  executive  au- 
"  thorities,  yet  this  is  evidently  an  arbitrary  disposition.  For  if 
"  we  attend  carefully  to  its  operation,  it  will  be  found  to  par- 
"  take  more  of  the  legislative  than  of  the  executive  character, 
"  though  it  does  not  seem  strictly  to  fall  within  the  definition 
"  of  either  of  them.  The  essence  of  the  legislative  authority  is 
"  to  enact  laws;  or,  in  other  words,  to  prescribe  rules  for  the 
"  regulation  of  the  society;  while  the  execution  of  the  laws 
"  and  the  employment  of  the  common  strength,  either  for  this 
"  purpose  or  for  the  common  defence,  seem  to  comprise  all  the 
"  functions  o-f  the  executive  magistrate.  The  power  of  making 
"  treaties  is  plainly  neither  the  one  nor  the  other.  It  relates 
"  neither  to  the  execution  of  the  subsisting  laws,  nor  to  the 
"  enaction  of  new  ones,  and  still  less  to  an  exertion  of  the 
"  common  strength.  Its  objects  are  contracts  with  foreign 
"  nations,  which  have  the  force  of  law,  but  derive  it  from  the 
"  obligations  of  good  faith.  They  are  not  rules  prescribed  by 
"the  sovereign  to  the  subject,  but  agreements  between  sover- 
"  eign  and  sovereign.  The  power  in  question  seems,  there- 


1793.  HELVIDIUS,  NO.  II.  621 

"  fore,  to  form  a  distinct  department,  and  to  belong  properly 
"  neither  to  the  legislative  nor  to  the  executive.  The  qualities 
"  elsewhere  detailed  as  indispensable  in  the  management  of 
"  foreign  negotiations  point  out  the  executive  as  the  most  fit 
"  agent  in  those  transactions;  whilst  the  vast  importance 
"  of  the  trust,  and  the  operation  of  treaties  as  laws,  plead 
"  strongly  for  the  participation  of  the  whole  or  a  part  of  the 
"  legislative  body  in  the  office  of  making  them." — Federalist, 
p.  343.* 

It  will  not  fail  to  be  remarked  on  this  commentary,  that 
whatever  doubts  may  be  started  as  to  the  correctness  of  its 
reasoning  against  the  legislative  nature  of  the  power  to  make 
treaties;  it  is  clear,  consistent,  and  confident,  in  deciding  that  the 
power  is  plainly  aaid  evidently  not  an  executive  power. 


NUMBER  II. 


The  doctrine  which  has  been  examined  is  pregnant  with  in- 
ferences and  consequences,  against  which  no  ramparts  in  the 
constitution  could  defend  the  public  liberty,  or  scarcely  the 
forms  of  republican  government.  Were  it  once  established 
that  the  powers  of  war  and  treaty  are  in  their  nature  executive; 
that  so  far  as  they  are  not  by  strict  construction  transferred  to 
the  legislature,  they  actually  belong  to  the  executive;  that  of 
course  all  powers  not  less  executive  in  their  nature  than  those 
powers,  if  not  granted  to  the  legislature,  may  be  claimed  by 
the  executive;  if  granted,  are  to  be  taken  strictly,  with  a  resid- 
uary right  in  the  executive;  or,  as  will  hereafter  appear,  per- 
haps claimed  as  a  concurrent  right  by  the  executive;  and  no 
citizen  could  any  longer  guess  at  the  character  of  the  govern- 
ment under  which  he  lives;  the  most  penetrating  jurist  would 
be  unable  to  scan  the  extent  of  constructive  prerogative. 

Leaving,  however,  to  the  leisure  of  the  reader  deductions 
Which  the  author,  having  omitted,  might  not  choose  to  own,  I 

*  No.  75,  written  by  Mr.  Hamilton. 


022  WORKS    OF    MADISON.  1793- 

proceed  to  the  examination  of  one  with  which  that  liberty  can 
not  be  taken. 

"  However  true  it  may  be  (says  he)  that  the  right  of  the 
"  legislature  to  declare  war  includes  the  right  of  judging 
"  whether  the  legislature  be  under  obligations  to  make  war  or 
"  not,  it  will  not  follow  that  the  executive  is,  in  any  case,  ex- 
"  eluded  from  a  similar  right  of  judging,  in  the  execution  of  its 
"  own  functions." 

A  material  error  of  the  writer,  in  this  application  of  his  doc- 
trine, lies  in  his  shrinking  from  its  regular  consequences.  Had 
he  stuck  to  his  principle  in  its  full  extent,  and  reasoned  from  it 
without  restraint,  he  would  only  have  had  to  defend  himself 
against  his  opponents.  By  yielding  the  great  point,  that  the 
right  to  declare  war,  though  to  be  taken  strictly,  includes  the 
right  to  judge  whether  the  nation  be  under  obligation  to  make 
war  or  not,  he  is  compelled  to  defend  his  argument,  not  only 
against  others,  but  against  himself  also.  Observe  how  he 
struggles  in  his  own  toils. 

He  had  before  admitted,  that  the  right  to  declare  war  is 
vested  in  the  legislature.  He  here  admits  that  the  right  to  de- 
clare war  includes  the  right  to  judge  whether  the  United  States 
be  obliged  to  declare  war  or  not.  Can  the  inference  be  avoided 
that  the  executive,  instead  of  having  a  similar  right  to  judge, 
is  as  much  excluded  from  the  right  to  judge  as  from  the  right 
to  declare  ? 

If  the  right  to  declare  war  be  an  exception  out  of  the  general 
grant  to  the  executive  power,  every  thing  included  in  the  right 
must  be -included  in  the  exception;  and,  being  included  in  the 
exception,  is  excluded  from  the  grant. 

He  cannot  disentagle  himself  by  considering  the  right  of  the 
executive  to  judge  as  concurrent  with  that  of  the  legislature: 
for  if  the  executive  have  a  concurrent  right  to  judge,  and  the 
right  to  judge  be  included  in  (it  is,  in  fact,  the  very  essence  of) 
the  right  to  declare,  he  must  go  on  and  say  that  the  executive 
has  a  concurrent  right  also  to  declare.  And  then,  what  will  he 
do  with  his  other  admission,  that  the  power  to  declare  is  an 
exception  out  of  the  executive  power  ? 


1793.  HELVIDIUS.NO.il.  623 

Perhaps  an  attempt  may  be  made  to  creep  out  of  the  difficulty 
through  the  words,  "  in  the  execution  of  its  functions."  Here, 
again,  he  must  equally  fail. 

Whatever  difficulties  may  arise  in  defining  the  executive  au- 
thority in  particular  cases,  there  can  be  none  in  deciding  on  an 
authority  clearly  placed  by  the  constitution  in  another  depart- 
ment. In  this  case,  the  constitution  has  decided  what  shall  not 
be  deemed  an  executive  authority;  though  it  may  not  have 
clearly  decided  in  every  case  what  sha*.  be  so  deemed.  The 
declaring  of  war  is  expressly  made  a  legislative  function.  The 
judging  of  the  obligations  to  make  war,  is  admitted  to  be  in- 
cluded as  a  legislative  function.  Whenever,  then,  a  question 
occurs,  whether  war  shall  be  declared,  or  whether  public  stipu- 
lations require  it,  the  question  necessarily  belongs  to  the  de- 
partment to  which  those  functions  belong;  and  no  other  depart- 
ment can  be  in  the  execution  of  its  proper  functions  if  it  should 
undertake  to  decide  such  a  question. 

There  can  be  no  refuge  against  this  conclusion  but  in  the 
pretext  of  a  concurrent  right  in  both  departments  to  judge 
of  the  obligation  to  declare  war;  and  this  must  be  intended 
by  the  writer,  when  he  says:  "  It  will  not  follow  that  the  ex- 
"  ecutive  is  excluded  in  any  case  from  a  similar  right  of  judg- 
"  ing,"  &c. 

As  this  is  the  ground  on  which  the  ultimate  defence  is  to  be 
made,  and  which  must  either  be  maintained  or  the  works 
erected  on  it  demolished,  it  will  be  proper  to  give  its  strength 
a  fair  trial. 

It  has  been  seen  that  the  idea  of  a  concurrent  right  is  at 
variance  with  other  ideas  advanced  or  admitted  by  the  writer. 
Laying  aside,  for  the  present,  that  consideration,  it  seems 
impossible  to  avoid  concluding,  that  if  the  executive,  as  such, 
has  a  concurrent  right  with  the  legislature  to  judge  of  obliga- 
tions to  declare  war,  and  the  right  to  judge  be  essentially 
included  in  the  right  to  declare,  it  must  have  the  same  con- 
current right  to  declare  as  it  has  to  judge,  and,  by  another 
analogy,  the  same  right  to  judge  of  other  causes  of  war  as  of 
the  particular  cause  found  in  a  public  stipulation.  So  that, 


624  WORKS    OF    MADISON.  1793. 

whenever  the  executive,  in  the  course  of  its  functions,  shall  meet 
with  these  cases,  it  must  either  infer  an  equal  authority  in  all, 
or  acknowledge  its  want  of  authority  in  any. 

If  any  doubt  can  remain,  or  rather  if  any  doubt  could  ever 
have  arisen,  which  side  of  the  alternative  ought  to  be  embraced, 
it  can  be  with  those  only  who  overlook  or  reject  some  of  the 
most  obvious  and  essential  truths  in  political  science. 

The  power  to  judge  of  the  causes  of  war,  as  involved  in  the 
power  to  declare  war,  is  expressly  vested  where  all  other  legis- 
lative powers  are  vested,  that  is,  in  the  Congress  of  the  United 
States.  It  is,  consequently,  determined  by  the  constitution  to 
be  a  legislative  power.  Now,  omitting  the  inquiry  here,  in  what 
respects  a  compound  power  may  be  partly  legislative  and  partly 
executive,  and  accordingly  vested  partly  in  the  one  and  partly 
in  the  other  department,  or  jointly  in  both;  a  remark  used  on 
another  occasion  is  equally  conclusive  on  this,  that  the  same 
power  cannot  belong,  in  the  whole,  to  both  departments,  or  be 
properly  so  vested  as  to  operate  separately  in  each.  Still  more 
evident  is  it,  that  the  same  specific  function  or  act  cannot  possi- 
bly belong  to  the  two  departments,  and  be  separately  exercisable 
by  each. 

Legislative  power  may  be  concurrently  vested  in  different 
legislative  bodies.  Executive  powers  may  be  concurrently 
vested  in  different  executive  magistrates.  In  legislative  acts 
the  executive  may  have  a  participation,  as  in  the  qualified 
negative  on  the  laws.  In  executive  acts,  the  legislature,  or  at 
least  a  branch  of  it,  may  participate,  as  in  the  appointment  to 
offices.  Arrangements  of  this  sort  are  familiar  in  theory,  as 
well  as  in  practice.  But  an  independent  exercise  of  an  executive 
act  by  the  legislature  alone,  or  of  a  legislative  act  by  the 
executive  alone,  one  or  other  of  which  must  happen  in  every 
case  where  the  same  act  is  exercisable  by  each,  and  the  latter 
of  which  would  happen  in  the  case  urged  by  the  writer,  is 
contrary  to  one  of  the  first  and  best  maxims  of  a  well-organ- 
ized government,  and  ought  never  to  be  founded  in  a  forced 
construction,  much  less  in  opposition  to  a  fair  one.  Instances, 
it  is  true,  may  be  discovered  among  ourselves,  where  this  maxim 


1793.  HELVIDIUS.NO.il.  625 

has  not  been  faithfully  pursued;  but  being  generally  acknowl- 
edged to  be  errors,  they  confirm  rather  than  impeach  the  truth 
and  value  of  the  maxim. 

It  may  happen,  also,  that  different  independent  departments, 
the  legislative  and  executive,  for  example,  may,  in  the  exercise 
of  their  functions,  interpret  the  constitution  differently,  and 
thence  lay  claim  each  to  the  same  power.  This  difference  of 
opinion  is  an  inconvenience  not  entirely  to  be  avoided.  It  re- 
sults from  what  may  be  called,  if  it  be  thought  fit,  a  concurrent 
right  to  expound  the  constitution.  But  this  species  of  concur- 
rence is  obviously  and  radically  different  from  that  in  question. 
The  former  supposes  the  constitution  to  have  given  the  power 
to  one  department  only,  and  the  doubt  to  be  to  which  it  has 
been  given.  The  latter  supposes  it  to  belong  to  both;  and  that 
it  may  be  exercised  by  either  or  both,  according  to  the  course 
of  exigencies. 

A  concurrent  authority  in  two  independent  departments  to 
perform  the  same  function  with  respect  to  the  same  thing,  would 
be  as  awkward  in  practice  as  it  is  unnatural  in  theory. 

If  the  legislature  and  executive  have  both  a  right  to  judge 
of  the  obligations  to  make  war  or  not,  it  must  sometimes 
happen,  though  not  at  present,  that  they  will  judge  differently. 
The  executive  may  proceed  to  consider  the  question  to-day; 
may  determine  that  the  United  States  are  not  bound  to  take 
part  in  a  war;  and,  in  the  execution  of  its  functions,  proclaim 
that  determination  to  all  the  world.  To-morrow,  the  legislature 
may  follow  in  the  consideration  of  the  same  subject;  may  de- 
termine that  the  obligations  impose  war  on  the  United  States, 
and,  in  the  execution  of  its  functions,  enter  into  a  constitutional 
declaration,  expressly  contradicting  the  constitutional  proclama- 
tion. 

In  what  light  does  this  present  the  constitution  to  the  peopl 
who  established  it?  In  what  light  would  it  present  to  the 
world  a  nation,  thus  speaking  through  two  different  organs, 
equally  constitutional  and  authentic,  two  opposite  languages, 
on  the  same  subject,  and  under  the  same  existing  circum- 
stances ? 

VOL.  i.  40 


626  WORKS    OF    MADISON.  1793. 

But  it  is  not  with  the  legislative  rights  alone  that  this  doc- 
trine interferes.  The  rights  of  the  judiciary  may  be  equally 
invaded.  For  it  is  clear,  that  if  a  right  declared  by  the  con- 
stitution to  be  legislative,  and  actually  vested  by  it  in  the 
legislature,  leaves,  notwithstanding,  a  similar  right  in  the 
executive,  whenever  a  case  for  exercising  it  occurs  in  the  course 
of  its  functions ;  a  right  declared  to  be  judiciary,  and  vested  in 
that  department,  may,  on  the  same  principle,  be  assumed  and 
exercised  by  the  executive  in  the  course  of  its  functions;  and  it 
is  evident  that  occasions  and  pretexts  for  the  latter  inter- 
ference may  be  as  frequent  as  for  the  former.  So  again  the 
judiciary  department  may  find  equal  occasions  in  the  execution 
of  its  functions,  for  usurping  the  authorities  of  the  executive, 
and  the  legislature  for  stepping  into  the  jurisdiction  of  both. 
And  thus  all  the  powers  of  government,  of  which  a  partition 
is  so  carefully  made  among  the  several  branches,  would  be 
thrown  into  absolute  hotchpot,  and  exposed  to  a  general 
scramble. 

It  is  time,  however,  for  the  writer  himself  to  be  heard,  in 
defence  of  his  text.  His  comment  is  in  the  words  following: 

"  If  the  legislature  have  a  right  to  make  war  on  the  one 
"  hand,  it  is,  on  the  other,  the  duty  of  the  executive  to  preserve 
"  peace  till  war  is  declared;  and  in  fulfilling  that  duty,  it  must 
"  necessarily  possess  a  right  of  judging  what  is  the  nature  of 
"  the  obligations  which  the  treaties  of  the  country  impose  on  the 
"  government ;  and  when,  in  pursuance  of  this  right,  it  has 
"  concluded  that  there  is  nothing  inconsistent  with  a  state  of 
"  neutrality,  it  becomes  both  its  province  and  its  duty  to 
"  enforce  the  laws  incident  to  that  state  of  the  nation.  The 
"  executive  is  charged  with  the  execution  of  all  laws — the  laws 
"  of  nations,  as  well  as  the  municipal  law  which  recognizes 
"  and  adopts  those  laws.  It  is,  consequently,  bound,  by  faith- 
"  fully  executing  the  laws  of  neutrality,  when  that  is  the 
"  state  of  the  nation,  to  avoid  giving  a  cause  of  war  to  foreign 
"  powers." 

To  do  full  justice  to  this  masterpiece  of  logic,  the  reader 
must  have  the  patience  to  follow  it  step  by  step. 


1793-  HELVIDIUS.NO.il.  627 

If  the  legislature  have  a  right  to  make  war  on  the  one  hand,  it 
is,  on  the  other,  the  duty  of  the  executive  to  preserve  peace  till  war 
is  declared. 

It  will  be  observed  that  here  is  an  explicit  and  peremptory 
assertion,  that  it  is  the  duty  of  the  executive  to  preserve  peace 
till  war  is  declared. 

And  in  fulfilling  that  duty,  it  must  necessarily  possess  a  right 
of  judging  what  is  the  nature  of  the  obligations  which  the  treaties 
of  the  country  impose  on  the  government :  that  is  to  say,  in  ful- 
filling the  duty  to  preserve  peace,  it  must  necessarily  possess  the 
right  to  judge  whether  peace  ought  to  be  preserved ;  in  other 
words,  ivhether  its  duty  should  be  performed.  Can  words  express 
a  flatter  contradiction  ?  It  is  self-evident  that  the  duty  in  this 
case  is  so  far  from  necessarily  implying  the  right  that  it  necessa- 
rily excludes  it. 

And  when,  in  pursuance  of  this  right,  it  has  concluded  that 
there  is  nothing  in  them  (obligations)  inconsistent  with  a  state  of 
neutrality,  IT  BECOMES  both  its  province  and  its  duty  to  enforce 
the  laws  incident  to  that  state  of  the  nation. 

And  what  if  it  should  conclude  that  there  is  something  incon- 
sistent ?  Is  it  or  is  it  not  the  province  and  duty  of  the  execu- 
tive to  enforce  the  same  laws  ?  Say  it  is,  you  destroy  the  right 
to  judge.  Say  it  is  not,  you  cancel  the  duty  to  preserve  peace 
till  war  is  declared. 

Take  this  sentence  in  connexion  with  the  preceding,  and  the 
contradictions  are  multiplied.  Take  it  by  itself,  and  it  makes 
the  right  to  judge  and  conclude  whether  war  be  obligatory, 
absolute,  and  imperative;  and  the  duty  to  preserve  peace,  sub- 
ordinate and  conditional. 

It  will  have  been  remarked  by  the  attentive  reader,  that  the 
term  peace,  in  the  first  clause,  has  been  silently  exchanged  in 
the  present  one  for  the  term  neutrality.  Nothing,  however,  is 
gained  by  shifting  the  terms.  Neutrality  means  peace,  with  an 
allusion  to  the  circumstance  of  other  nations  being  at  war. 
The  term  has  no  reference  to  the  existence  or  non-existence  of 
treaties  or  alliances  between  the  nation  at  peace  and  the  nations 
at  war.  The  laws  incident  to  a  state  of  neutrality  are  the  laws 


028  WORKS    OP    MADISON.  1793. 

incident  to  a  state  of  peace,  with  such  circumstantial  modifica- 
tions only  as  are  required  by  the  new  relation  of  the  nations  at 
war;  until  war,  therefore,  be  duly  authorised  by  the  United 
States,  they  are  as  actually  neutral  when  other  nations  are  at 
war,  as  they  are  at  peace  (if  such  a  distinction  in  the  terms  is 
to  be  kept  up)  when  other  nations  are  not  at  war.  The  exist- 
ence of  eventual  engagements,  which  can  only  take  effect  on  the 
declaration  of  the  legislature,  cannot,  without  that  declaration, 
change  the  actual  state  of  the  country  any  more  in  the  eye  of 
the  executive  than  in  the  eye  of  the  judiciary  department.  The 
laws  to  be  the  guide  of  both,  remain  the  same  to  each,  and  the 
same  to  both. 

Nor  would  more  be  gained  by  allowing  the  writer  to  define, 
than  to  shift  the  term  neutrality.  For  suppose,  if  you  please, 
the  existence  of  obligations  to  join  in  war  to  be  inconsistent 
with  neutrality,  the  question  returns  upon  him,  what  laws  are 
to  be  enforced  by  the  executive  until  effect  shall  be  given  to 
those  obligations  by  the  declaration  of  the  legislature  ?  Are 
they  to  be  the  laws  incident  to  those  obligations;  that  is, 
incident  to  war  ?  However  strongly  the  doctrines  or  deduc- 
tions of  the  writer  may  tend  to  this  point,  it  will  not  be 
avowed.  Are  the  laws  to  be  enforced  by  the  executive,  then, 
in  such  a  state  of  things,  to  be  the  same  as  if  no  such  obliga- 
tions existed  ?  Admit  this,  which  you  must  admit,  if  you  reject 
the  other  alternative,  and  the  argument  lands  precisely  where 
it  embarked,  in  the  position  that  it  is  the  absolute  duty  of  the 
executive,  in  aU  cases,  to  preserve  peace  till  war  is  declared; 
not  that  it  is  "  to  become  the  province  and  duty  of  the  executive," 
after  it  has  concluded  that  there  is  nothing  in  those  obligations 
inconsistent  with  a  state  of  peace  and  neutrality.  The  right  to 
judge  and  conclude,  therefore,  so  solemnly  maintained  in  the 
text,  is  lost  in  the  comment. 

We  shall  see  whether  it  can  be  reinstated  by  what  fol- 
lows: 

The  executive  is  charged  with  the  execution  of  aU  laws,  the  laws 
of  nations  as  weU  as  the  municipal  law,  which  recognizes  and 
adopts  those  laws.  It  is,  consequently,  bound,  by  faithfully  exe 


1793.  HELVIDIUS,  NO.  H.  629 

ending  the  laws  of  neutrality,  when  that  is  the  state  of  the  nation, 
to  avoid  giving  cause  of  war  to  foreign  powers. 

The  first  sentence  is  a  truth,  but  nothing  to  the  point  in 
question.  The  last  is  partly  true  in  its  proper  meaning,  but 
totally  untrue  in  the  meaning  of  the  writer.  That  the  executive 
is  bound  faithfully  to  execute  the  laws  of  neutrality,  whilst 
those  laws  continue  unaltered  by  the  competent  authority,  is 
true;  but  not  for  the  reason  here  given,  to  wit,  to  avoid  giving 
cause  of  war  to  foreign  powers.  It  is  bound  to  the  faithful 
execution  of  these  as  of  all  other  laws,  internal  and  external, 
by  the  nature  of  its  trust  and  the  sanction  of  its  oath,  even  if 
turbulent  citizens  should  consider  its  so  doing  as  a  cause  of 
war  at  home,  or  unfriendly  nations  should  consider  its  so  doing 
as  a  cause  of  war  abroad.  The  duty  of  the  executive  to  pre- 
serve external  peace  can  no  more  suspend  the  force  of  external 
laws,  than  its  duty  to  preserve  internal  peace  can  suspend  the 
force  of  municipal  laws. 

It  is  certain  that  a  faithful  execution  of  the  laws  of  neutral- 
ity may  tend  as  much  in  some  cases  to  incur  war  from  one 
quarter,  as  in  others  to  avoid  war  from  other  quarters.  The 
executive  must,  nevertheless,  execute  the  laws  of  neutrality 
whilst  in  force,  and  leave  it  to  the  legislature  to  decide  whether 
they  ought  to  be  altered  or  not.  The  executive  has  no  other 
discretion  than  to  convene  and  give  information  to  the  legis- 
lature on  occasions  that  may  demand  it;  and  whilst  this 
discretion  is  duly  exercised,  the  trust  of  the  executive  is 
satisfied,  and  that  department  is  not  responsible  for  the  conse- 
quences. It  could  not  be  made  responsible  for  them  without 
vesting  it  with  the  legislative  as  well  as  with  the  executive 
trust. 

These  remarks  are  obvious  and  conclusive,  on  the  supposition 
that  the  expression  "laws  of  neutrality"  means  simply  what 
the  words  import,  and  what  alone  they  can  mean,  to  give  force 
or  color  to  the  inference  of  the  writer  from  his  own  premises. 
As  the  inference  itself,  however,  in  its  proper  meaning,  does  not 
approach  towards  his  avowed  object,  which  is  to  work  out  a 
prerogative  for  the  executive  to  judge,  in  common  with  the 


630  WORKS    OF    MADISON.  ]793. 

legislature,  whether  there  be  cause  of  war  or  not  in  a  public 
obligation,  it  is  to  be  presumed  that,  "  in  faithfully  executing 
the  laws  of  neutrality,"  an  exercise  of  that  prerogative  was 
meant  to  be  included.  On  this  supposition,  the  inference,  as 
will  have  been  seen,  does  not  result  from  his  own  premises,  and 
has  been  already  so  amply  discussed,  and,  it  is  conceived,  so 
clearly  disproved,  that  not  a  word  more  can  be  necessary  on 
this  branch  of  his  argument. 


NUMBER   III. 

In  order  to  give  color  to  a  right  in  the  executive  to  exercise 
the  legislative  power  of  judging  whether  there  be  a  cause  of 
war  in  a  public  stipulation,  two  other  arguments  are  subjoined 
by  the  writer  to  that  last  examined. 

The  first  is  simply  this:  "  It  is  the  right  and  duty  of  the 
"  executive  to  judge  of  and  interpret  those  articles  of  our 
"  treaties  which  give  to  France  particular  privileges,  in  order 
11  to  the  enforcement  of  those  privileges"  from  which  it  is  stated, 
as  a  necessary  consequence,  that  the  executive  has  certain 
other  rights,  among  which  is  the  right  in  question. 

This  argument  is  answered  by  a  very  obvious  distinction. 
The  first  right  is  essential  to  the  execution  of  the  treaty,  as  a 
law  in  operation,  and  interferes  with  no  right  vested  in  another 
department.  The  second — viz:  the  right  in  question — is  not 
essential  to  the  execution  of  the  treaty,  or  any  other  law:  on 
the  contrary,  the  article  to  which  the  right  is  applied  cannot, 
as  has  been  shown,  from  the  very  nature  of  it,  be  in  operation 
as  a  law,  without  a  previous  declaration  of  the  legislature;  and 
all  the  laws  to  be  enforced  by  the  executive  remain,  in  the 
mean  time,  precisely  the  same,  whatever  be  the  disposition  or 
judgment  of  the  executive.  This  second  right  would  also  inter- 
fere with  a  right  acknowledged  to  be  in  the  legislative  depart- 
ment. 

If  nothing  else  could  suggest  this  distinction  to  the  writer,  he 
ought  to  have  been  reminded  of  it  by  his  own  words,  "  in  order 


1793>  HELVIDIUS.  NO.  III. 


631 


to  the  enforcement  of  those  privileges."  Was  it  in  order  to  the 
enforcement  of  the  article  of  guaranty  that  the  right  is  ascribed 
to  the  executive  ? 

The  other  of  the  two  arguments  reduces  itself  into  the  fol- 
lowing form:  The  executive  has  the  right  to  receive  public 
ministers;  this  right  includes  the  right  of  deciding,  in  the  case 
of  a  revolution,  whether  the  new  government  sending  the  min- 
ister ought  to  be  recognised  or  not;  and  this,  again,  the  right 
to  give  or  refuse  operation  to  pre-existing  treaties. 

The  power  of  the  legislature  to  declare  war  and  judge  of  the 
causes  for  declaring  it,  is  one  of  the  most  express  and  explicit 
parts  of  the  constitution.  To  endeavor  to  abridge  or  affect  it 
by  strained  inferences  and  by  hypothetical  or  singular  occur- 
rences, naturally  warns  the  reader  of  some  lurking  fallacy. 

The  words  of  the  constitution  are:  "  He  (the  president)  shall 
receive  ambassadors,  other  public  ministers,  and  consuls."  I 
shall  not  undertake  to  examine  what  would  be  the  precise  ex- 
tent and  effect  of  this  function  in  various  cases  which  fancy 
may  suggest,  or  which  time  may  produce.  It  will  be  more 
proper  to  observe,  in  general,  and  every  candid  reader  will 
second  the  observation,  that  little,  if  anything,  more  was  in- 
tended by  the  clause  than  to  provide  for  a  particular  mode  of 
communication  almost  grown  into  a  right  among  modern  nations; 
by  pointing  out  the  department  of  the  government  most  proper 
for  the  ceremony  of  admitting  public  ministers,  of  examining 
their  credentials,  and  of  authenticating  their  title  to  the  privi- 
leges annexed  to  their  character  by  the  law  of  nations.  This 
being  the  apparent  design  of  the  constitution,  it  would  be 
highly  improper  to  magnify  the  function  into  an  important  pre- 
rogative, even  where  no  rights  of  other  departments  could  be 
affected  by  it. 

To  show  that  the  view  here  given  of  the  clause  is  not  a  new 
construction,  invented  or  strained  for  a  particular  occasion,  I 
will  take  the  liberty  of  recurring  to  the  cotemporary  work 
already  quoted,  which  contains  the  obvious  and  original  gloss 
put  on  this  part  of  the  constitution  by  its  friends  and  advo- 
cates: 


632  WORKS    OF    MADISON.  1793. 

"  The  president  is  also  to  be  authorized  to  receive  ambassa- 
"  dors  and  other  public  ministers.  This,  though  it  has  been  a 
"  rich  theme  of  declamation,  is  more  a  matter  of  dignity  than 
"  of  authority.  It  is  a  circumstance  that  will  be  without  conse- 
"  quence  in  the  administration  of  the  government,  and  it  is  far 
"  more  convenient  that  it  should  be  arranged  in  this  manner, 
"  than  that  there  should  be  a  necessity  for  convening  the  legis- 
"  lature,  or  one  of  its  branches,  upon  every  arrival  of  a  foreign 
"  minister,  though  it  were  merely  to  take  the  place  of  a  de- 
"  parted  predecessor." — Fed.,  vol.  2,  p.  237.* 

Had  it  been  foretold  in  the  year  1788,  when  this  work  was 
published,  that  before  the  end  of  the  year  1793,  a  writer, 
assuming  the  merit  of  being  a  friend  to  the  constitution,  would 
appear,  and  gravely  maintain,  that  this  function,  which  was  to 
be  without  consequence  in  the  administration  of  the  government, 
might  have  the  consequence  of  deciding  on  the  validity  of 
revolutions  in  favor  of  liberty,  "  of  putting  the  United  States 
in  a  condition  to  become  an  associate  in  war,"  nay,  "  of  laying 
the  legislature  under  an  obligation  of  declaring  war"  what  would 
have  been  thought  and  said  of  so  visionary  a  prophet  ? 

The  moderate  opponents  of  the  constitution  would  probably 
have  disowned  his  extravagance.  By  the  advocates  of  the  con- 
stitution, his  prediction  must  have  been  treated  as  "  an  experi- 
"  ment  on  public  credulity,  dictated  either  by  a  deliberate  in- 
"  tention  to  deceive,  or  by  the  overflowings  of  a  zeal  too  intem- 
"  perate  to  be  ingenuous." 

But  how  does  it  follow  from  the  function  to  receive  ambas- 
sadors and  other  public  ministers,  that  so  consequential  a  pre- 
rogative may  be  exercised  by  the  executive  ?  When  a  foreign 
minister  presents  himself,  two  questions  immediately  arise:  Are 
his  credentials  from  the  existing  and  acting  government  of  his 
country  ?  Are  they  properly  authenticated  ?  These  questions 
belong  of  necessity  to  the  executive;  but  they  involve  no  cog- 
nizance of  the  question,  whether  those  exercising  the  govern- 
ment have  the  right  along  with  the  possession.  This  belongs 

*  No.  69,  written  by  Mr.  Hamilton. 


1793.  HELVIDIUS.NO.  III.  633 

to  the  nation,  and  to  the  nation  alone,  on  whom  the  government 
operates.  The  questions  before  the  executive  are  merely  ques- 
tions of  fact;  and  the  executive  would  have  precisely  the  same 
right,  or  rather  be  under  the  same  necessity  of  deciding  them, 
if  its  function  was  simply  to  receive  without  any  discretion  to 
reject  public  ministers.  It  is  evident,  therefore,  that  if  the 
executive  has  a  right  to  reject  a  public  minister,  it  must  be 
founded  on  some  other  consideration  than  a  change  in  the 
government,  or  the  newness  of  the  government;  and  conse- 
quently a  right  to  refuse  to  acknowledge  a  new  government 
cannot  be  implied  by  the  right  to  refuse  a  public  minister. 

It  is  not  denied  that  there  may  be  cases  in  which  a  respect  to 
the  general  principles  of  liberty,  the  essential  rights  of  the 
people,  or  the  overruling  sentiments  of  humanity,  might  require 
a  government,  whether  new  or  old,  to  be  treated  as  an  illegiti- 
mate despotism.  Such  are,  in  fact,  discussed  and  admitted  by 
the  most  approved  authorities.  But  they  are  great  and  extra- 
ordinary cases,  by  no  means  submitted  to  so  limited  an  organ 
of  the  national  will  as  the  executive  of  the  United  States;  and 
certainly  not  to  be  brought  by  any  torture  of  words,  within  the 
right  to  receive  ambassadors. 

That  the  authority  of  the  executive  does  not  extend  to  a 
question,  whether  an  existing  government  ought  to  be  recognized 
or  not,  will  still  more  clearly  appear  from  an  examination  of 
the  next  inference  of  the  writer,  to  wit:  that  the  executive  has 
a  right  to  give  or  refuse  activity  and  operation  to  pre-existing 
treaties. 

/If  there  be  a  principle  that  ought  not  to  be  questioned  within 
the  United  States,  it  is  that  every  nation  has  a  right  to  abolish 
an  old  government  and  establish  a  new  one.  This  principle  is 
not  only  recorded  in  every  public  archive,  written  in  every 
American  heart,  and  sealed  with  the  blood  of  a  host  of  Ameri- 
can martyrs,  but  is  the  only  lawful  tenure  by  which  the  United 
States  hold  their  existence  as  a  nation. 

It  is  a  principle  incorporated  with  the  above,  that  govern- 
ments are  established  for  the  national  good,  and  are  organs  of 
the  national  will. 


634  WORKS    OF    MADISON.  1793. 

From  these  two  principles  results  a  third,  that  treaties  formed 
by  the  government  are  treaties  of  the  nation,  unless  otherwise 
expressed  in  the  treaties. 

Another  consequence  is,  that  a  nation,  by  exercising  the  right 
of  changing  the  organ  of  its  will,  can  neither  disengage  itself 
from  the  obligations,  nor  forfeit  the  benefits  of  its  treaties./ 
This  is  a  truth  of  vast  importance,  and  happily  rests  with  suffi- 
cient firmness  on  its  own  authority.  To  silence  or  prevent 
cavil,  I  insert,  however,  the  following  extracts :  "  Since,  then, 
"  such  a  treaty  (a  treaty  not  personal  to  the  sovereign)  directly 
"  relates  to  the  body  of  the  State,  it  subsists  though  the  form 
"  of  the  republic  happens  to  be  changed,  and  though  it  should 
"  be  even  transformed  into  a  monarchy;  for  the  State  and  the 
"  nation  are  always  the  same,  whatever  changes  are  made  in  the 
"  form  of  the  government,  and  the  treaty  concluded  with  the 
"  nation  remains  in  force  as  long  as  the  nation  exists." — Vattel, 
B.  II,  §  85.  "  It  follows  that  as  a  treaty,  notwithstanding  the 
"  change  of  a  democratic  government  into  a  monarchy,  con- 
"  tinues  in  force  with  the  new  king,  in  a  like  manner  if  a 
"  monarchy  becomes  a  republic,  the  treaty  made  with  the  king 
"  does  not  expire  on  that  account,  unless  it  was  manifestly  per- 
"  sonal."— Burlam.,  part  IV,  c.  IX,  §  16,  II  6. 

As  a  change  of  government,  then,  makes  no  change  in  the 
obligations  or  rights  of  the  party  to  a  treaty,  it  is  clear  that 
the  executive  can  have  no  more  right  to  suspend  or  prevent  the 
operation  of  a  treaty  on  account  of  the  change,  than  to  suspend 
or  prevent  the  operation  where  no  such  change  has  happened. 
Nor  can  it  have  any  more  right  to  suspend  the  operation  of  a 
treaty  in  force  as  a  law,  than  to  suspend  the  operation  of  any 
other  law. 

The  logic  employed  by  the  writer  on  this  occasion  will  be 
best  understood  by  accommodating  to  it  the  language  of  a  pro- 
clamation, founded  on  the  prerogative  and  policy  of  suspending 
the  treaty  with  France : 

Whereas  a  treaty  was  concluded  on  the  —    -  day  of 

between  the  United  States  and  the  French  nation,  through  the 
kingly  government,  which  was  then  the  organ  of  its  will;  and 


1793.  HELVIDIUS,  NO.  III.  635 

whereas  the  said  nation  hath  since  exercised  its  right  (nowise 
abridged  by  the  said  treaty)  of  changing  the  organ  of  its  will 
by  abolishing  the  said  kingly  government,  as  inconsistent  with 
the  rights  and  happiness  of  the  people,  and  establishing  a 
republican  in  lieu  thereof,  as  most  favorable  to  the  public  hap- 
piness, and  best  suited  to  the  genius  of  a  people  become  sensi- 
ble of  their  rights  and  ashamed  of  their  chains;  and  whereas, 
by  the  constitution  of  the  United  States,  the  executive  is 
authorized  to  receive  ambassadors,  other  public  ministers,  and 
consuls;  and  whereas  a  public  minister,  duly  appointed  and 
commissioned  by  the  new  republic  of  France,  hath  arrived  and 
presented  himself  to  the  executive,  in  order  to  be  received  in 
his  proper  character,  now  be  it  known,  that  by  virtue  of  the 
said  right  vested  in  the  executive  to  receive  ambassadors, 
other  public  ministers,  and  consuls,  and  of  the  rights  included 
therein,  the  executive  hath  refused  to  receive  the  said  minister 
from  the  said  republic,  and  hath  thereby  caused  the  activity 
and  operation  of  all  treaties  with  the  French  nation,  hitJierto 
in  force  as  supreme  laws  of  the  land,  to  be  suspended  until  the 
executive,  by  taking  off  the  said  suspension,  shall  revive  the 
same;  of  which  all  persons  concerned  are  to  take  notice  at  their 

peril. 

The  writer,  as  if  beginning  to  feel  that  he  was  grasping  at 
more  than  he  can  hold,  endeavors  all  of  a  sudden  to  squeeze 
his  doctrine  into  a  smaller  size,  and  a  less  vulnerable  shape. 
The  reader  shall  see  the  operation  in  his  own  words. 

"  And  where  a  treaty  antecedently  exists  between  the  United 
"  States  and  such  nation,  [a  nation  whose  government  has  un- 
"  dergone  a  revolution,]  that  right  [the  right  of  judging  whether 
"  the  new  rulers  ought  to  be  recognized  or  not]  involves  the 
"  power  of  giving  operation  or  not  to  such  treaty.  For  until 
"  the  new  government  is  acknowledged,  the  treaties  between 
"  the  nations,  as  far  at  least  as  regards  public  rights,  are,  of 
11  course,  suspended." 

This  qualification  of  the  suspending  power,  though  reluc- 
tantly and  inexplicitly  made,  was  prudent  for  two  reasons:  first, 
because  it  is  pretty  evident  th&t  private  rights,  whether  of  judi- 


636  WORKS    OF    MADISON.  1793. 

ciary  or  executive  cognizance,  may  be  carried  into  effect  without 
the  agency  of  the  foreign  government;  and  therefore  would  not 
be  suspended,  of  course,  by  a  rejection  of  that  agency;  secondly, 
because  the  judiciary,  being  an  independent  department,  and 
acting  .under  an  oath  to  pursue  the  law  of  treaties  as  the 
supreme  law  of  the  land,  might  not  readily  follow  the  executive 
example;  and  a  right  in  one  expositor  of  treaties  to  consider 
them  as  not  in  force,  whilst  it  would  be  the  duty  of  another  ex- 
positor to  consider  them  as  in  force,  would  be  a  phenomenon 
not  so  easy  to  be  explained.  Indeed,  as  the  doctrine  stands 
qualified,  it  leaves  the  executive  the  right  of  suspending  the 
law  of  treaties  in  relation  to  rights  of  one  description,  without 
exempting  it  from  the  duty  of  enforcing  it  in  relation  to  rights 
of  another  description. 

But  the  writer  is  embarked  in  so  unsound  an  argument,  that 
he  does  not  save  the  rest  of  his  inference  by  this  sacrifice  of  one 
half  of  it.  It  is  not  true,  that  aJl  public  rights  are  of  course  sus- 
pended by  a  refusal  to  acknowledge  the  government,  or  even  by 
a  suspension  of  the  government.  And  in  the  next  place,  the 
right  in  question  does  not  follow  from  the  necessary  suspension 
of  public  rights,  in  consequence  of  a  refusal  to  acknowledge  the 
government. 

Public  rights  are  of  two  sorts:  those  which  require  the  agency 
of  government;  those  which  may  be  carried  into  effect  without 
that  agency. 

As  public  rights  are  the  rights  of  the  nation,  not  of  the  gov- 
ernment, it  is  clear  that  wherever  they  can  be  made  good  to  the 
nation,  without  the  office  of  government,  they  are  not  suspended 
by  the  want  of  an  acknowledged  government,  or  even  by  the 
want  of  an  existing  government;  and  that  there  are  important 
rights  of  this  description,  will  be  illustrated  by  the  following 
case: 

Suppose,  that  after  the  conclusion  of  the  treaty  of  alliance 
between  the  United  States  and  France,  a  party  of  the  enemy 
had  surprised  and  put  to  death  every  member  of  Congress;  that 
the  occasion  had  been  used  by  the  people  of  America  for  chang- 
ing the  old  confederacy  into  such  a  government  as  now  exists 


1793.  HEI^VIDIUS,  NO.  III.  637 

and  that  in  the  progress  of  this  revolution,  an  interregnum  had 
happened.  Suppose  further,  that  during  this  interval,  the  States 
of  South  Carolina  and  Georgia,  or  any  other  parts  of  the  Uni- 
ted States,  had  been  attacked,  and  been  put  into  evident  and 
imminent  danger  of  being  irrecoverably  lost,  without  the  inter- 
position of  the  French  arms;  is  it  not  manifest,  that  as  the  Treaty 
is  the  Treaty  of  the  United  States,  not  of  their  government,  the 
people  of  the  United  States,  could  not  forfeit  their  right  to  the 
guaranty  of  their  territory  by  the  accidental  suspension  of  their 
government;  and  that  any  attempt,  on  the  part  of  France,  to 
evade  the  obligations  of  the  Treaty,  by  pleading  the  suspension 
of  government,  or  by  refusing  to  acknowledge  it;  would  justly 
have  been  received  with  universal  indignation,  as  an  ignomin- 
ious perfidy? 

With  respect  to  public  rights  that  cannot  take  effect  in  favour 
of  a  nation  without  the  agency  of  its  government,  it  is  admitted 
that  they  are  suspended  of  course  where  there  is  no  government 
in  existence,  and  also  by  a  refusal  to  acknowledge  an  existing 
government.  But  no  inference  in  favour  of  a  right  to  suspend 
the  operation  of  Treaties,  can  be  drawn  from  either  case.  Where 
the  existence  of  the  government  is  suspended,  it  is  a  case  of  ne- 
cessity;  it  would  be  a  case  happening  without  the  act  of  the  ex- 
ecutive, and  consequently  could  prove  nothing  for  or  against 
the  right. 

In  the  other  case,  to  wit,  of  a  refusal  by  the  executive  to  rec- 
ognise an  existing  government,  however  certain  it  may  be,  that 
a  suspension  of  some  of  the  public  rights  might  ensue;  yet,  it  is 
equally  certain,  that  the  refusal  would  be  without  right  or  au- 
thority; and  that  no  right  or  authority  could  be  implied  or  pro- 
duced by  the  unauthorised  act.  If  a  right  to  do  whatever  might 
bear  an  analogy  to  the  necessary  consequence  of  what  was  done 
without  right,  could  be  inferred  from  the  analogy,  there  would 
be  no  other  limit  to  power  than  the  limit  to  its  ingenuity. 

It  is  no  answer  to  say  that  it  may  be  doubtful  whether  a  gov- 
ernment does  or  does  not  exist;  or  doubtful  which  may  be  the 
existing  and  acting  government.  The  case  stated  by  the  writer 
is,  that  there  are  existing  rulers;  that  there  is  an  acting  gov- 


638  WORKS    OF    MADISON.  1793. 

eminent;  but  that  they  are  new  rulers;  and  that  it  is  a  new 
government.  The  full  reply,  however,  is  to  repeat  what  has 
been  already  observed;  that  questions  of  this  sort  are  mere 
questions  of  fact;  that  as  such  only,  they  belong  to  the  execu- 
tive; that  they  would  equally  belong  to  the  executive,  if  it  was 
tied  down  to  the  reception  of  public  ministers,  without  any  dis- 
cretion to  receive  or  reject  them;  that  where  the  fact  appears 
to  be,  that  no  government  exists,  the  consequential  suspension 
is  independent  of  the  executive;  that  where  the  fact  appears  to 
be,  that  the  government  does  exist,  the  executive  must  be  gov- 
erned by  the  fact,  and  can  have  no  right  or  discretion,  on  ac- 
count of  the  date  or  form  of  the  government,  to  refuse  to  ac- 
knowledge it,  either  by  rejecting  its  public  minister,  or  by  any 
other  step  taken  on  that  account.  If  it  does  refuse  on  that  ac- 
count, the  refusal  is  a  wrongful  act,  and  can  neither  prove  nor 
illustrate  a  rightful  power. 

I  have  spent  more  time  on  this  part  of  the  discussion  than 
may  appear  to  some,  to  have  been  requisite.  But  it  was  con- 
sidered as  a  proper  opportunity  for  presenting  some  important 
ideas,  connected  with  the  general  subject,  and  it  may  be  of  use 
in  shewing  how  very  superficially,  as  well  as  erroneously,  the 
writer  has  treated  it. 

In  other  respects  so  particular  an  investigation  was  less 
necessary.  For  allowing  it  to  be,  as  contended,  that  a  suspen- 
sion of  treaties  might  happen  from  a  consequential  operation  of 
a  right  to  receive  public  ministers,  which  is  an  express  right 
vested  by  the  constitution;  it  could  be  no  proof,  that  the  same 
or  a  similar  effect  could  be  produced  by  the  direct  operation  of 
a  constructive  power. 

Hence  the  embarrassments  and  gross  contradictions  of  the 
writer  in  defining,  and  applying  his  ultimate  inference  from 
the  operation  of  the  executive  power  with  regard  to  public  min- 
isters. 

At  first  it  exhibits  an  "important  instance  of  the  right  of  the 
executive  to  decide  the  obligation  of  the  nation  with  regard  to 
foreign  nations." 

Rising  from  that,  it  confers  on  the  executive,  a  right  "to 


1793.  HELVIDIUS.    NO.    III.  639 

put  the  United  States  in  a  condition  to  become  an  associate  in 
war." 

And,  at  its  full  height,  it  authorizes  the  executive  "to  lay  the 
legislature  under  an  obligation  of  declaring  war." 

From  this  towering  prerogative,  it  suddenly  brings  down  the 
executive  to  the  right  of  "  consequentially  affecting  the  proper  or 
improper  exercise  of  the  power  of  the  legislature  to  declare 
war." 

And  then,  by  a  caprice  as  unexpected  as  it  is  sudden,  it  es- 
pouses the  cause  of  the  legislature;  rescues  it  from  the  execu- 
tive right  "to  lay  it  under  an  obligation  of  declaring  war;"  and 
asserts  it  to  be  "free  to  perform  its  own  duties,  according  to  its 
own  sense  of  them,"  without  any  other  controul  than  what  it  is 
liable  to,  in  every  other  legislative  act. 

The  point  at  which  it  finally  seems  to  rest,  is,  that  "the  ex- 
ecutive in  the  exercise  of  its  constitutional  powers,  may  estab- 
lish an  antecedent  state  of  things,  which  ought  to  iveigh  in  the 
legislative  decisions;  "  a  prerogative  which  will  import  a  great 
deal,  or  nothing,  according  to  the  handle  by  which  you  take  it; 
and  which,  at  the  same  time,  you  can  take  by  no  handle  that 
does  not  clash  with  some  inference  preceding. 

If  "by  weighing  in  the  legislative  decisions"  be  meant  having 
an  influence  on  the  expediency  of  this  or  that  decision  in  the 
opinion  of  the  legislature;  this  is  no  more  than  what  every  an- 
tecedent state  of  things  ought  to  have,  from  whatever  cause  pro- 
ceeding; whether  from  the  use  or  abuse  of  constitutional  powers, 
or  from  the  exercise  of  constitutional  or  assumed  powers.  In 
this  sense  the  power  to  establish  an  antecedent  state  of  things 
is  not  contested.  But  then  it  is  of  no  use  to  the  writer,  and 
is  also  in  direct  contradiction  to  the  inference,  that  the  execu- 
tive may  "lay  the  legislature  under  an  obligation  to  decide  in 
favour  of  war.'1 

If  the  meaning  be  as  is  implied  by  the  force  of  the  terms  "con- 
stitutional powers,"  that  the  antecedent  state  of  things  produced 
by  the  executive,  ought  to  have  a  constitutional  weight  with  the 
legislative:  or,  in  plainer  words,  imposes  a  constitutional  obliga- 
tion on  the  legislative  decisions,  the  writer  will  not  only  have 


640  WORKS    OF    MADISON.  1793. 

to  combat  the  arguments  by  which  such  a  prerogative  has  been 
disproved;  but  to  reconcile  it  with  his  last  concession,  that  "the 
legislature  is  free  to  perform  its  duties  according  to  its  own 
sense  of  them."  He  must  shew  that  the  legislature  is,  at  the 
same  time,  constitutionally  free  to  pursue  its  own  judgment  and 
constitutionally  bound  by  the  judgment  of  tJie  executive. 


NUMBER  IV. 

The  last  papers  completed  the  view  proposed  to  be  taken  of 
the  arguments  in  support  of  the  new  and  aspiring  doctrine, 
which  ascribes  to  the  executive  the  prerogative  of  judging  and 
deciding  whether  there  be  causes  of  war  or  not,  in  the  obliga- 
tions of  treaties;  notwithstanding  the  express  provision  in  the 
constitution,  by  which  the  legislature  is  made  the  organ  of  the 
national  will,  on  questions  whether  there  be  or  be  not  a  cause 
for  declaring  war.  If  the  answer  to  these  arguments  has 
imparted  the  conviction  which  dictated  it,  the  reader  will  have 
pronounced  that  they  are  generally  superficial,  abounding  in 
contradictions,  never  in  the  least  degree  conclusive  to  the  main 
point,  and  not  unfrequently  conclusive  against  the  writer  him- 
self; whilst  the  doctrine,  that  the  powers  of  treaty  and  war  are 
in  their  nature  executive  powers,  which  forms  the  basis  of  those 
arguments,  is  as  indefensible  and  as  dangerous  as  the  particular 
doctrine  to  which  they  are  applied. 

But  it  is  not  to  be  forgotten  that  these  doctrines,  though 
ever  so  clearly  disproved,  or  ever  so  weakly  defended,  remain 
before  the  public  a  striking  monument  of  the  principles  and 
views  which  are  entertained  and  propagated  in  the  commu- 
nity. 

It  is  also  to  be  remembered,  that  however  the  consequences 
flowing  from  such  premises  may  be  disavowed  at  this  time,  or 
by  this  individual,  we  are  to  regard  it  as  morally  certain,  that 
in  proportion  as  the  doctrines  make  their  way  into  the  creed 
of  the  government  and  the  acquiescence  of  the  public,  every 


1793.  HELVIDITJS,    NO.    IV.  641 

power  that  can  be  deduced  from  them,  will  be  deduced  and 
exercised  sooner  or  later  by  those  who  may  have  an  interest  in 
so  doing.  The  character  of  human  nature  gives  this  salutary 
warning  to  every  sober  and  reflecting  mind.  And  the  history 
of  government  in  all  its  forms,  and  in  every  period  of  time, 
ratines  the  danger.  A  people,  therefore,  who  are  so  happy  as 
to  possess  the  inestimable  blessing  of  a  free  and  denned  consti- 
tution, cannot  be  too  watchful  against  the  introduction,  nor  too 
critical  in  tracing  the  consequences,  of  new  principles  and  new 
constructions,  that  may  remove  the  landmarks  of  power. 

Should  the  prerogative  which  has  been  examined  be  allowed, 
in  its  most  limited  sense,  to  usurp  the  public  countenance,  the 
interval  would  probably  be  very  short  before  it  would  be  heard 
from  some  quarter  or  other,  that  the  prerogative  either  amounts 
to  nothing,  or  means  a  right  to  judge  and  conclude  that  the 
obligations  of  treaty  impose  war  as  well  as  that  they  permit 
peace;  that  it  is  fair  reasoning  to  say,  that  if  the  prerogative 
exists  at  all,  an  operative  rather  than  an  inert  character  ought 
to  be  given  to  it. 

In  support  of  this  conclusion  there  would  be  enough  to  echo, 
"  that  the  prerogative  in  this  active  sense  is  connected  with  the 
"  executive  in  various  capacities,  as  the  organ  of  intercourse 
"  between  the  nation  and  foreign  nations,  as  the  interpreter  of 
*'  national  treaties,"  (a  violation  of  which  may  be  a  cause  of 
war,)  "  as  that  power  which  is  charged  with  the  execution  of 
"  the  laws,  of  which  treaties  make  a  part,  as  that  power  which 
"  is  charged  with  the  command  and  application  of  the  public 
"force." 

With  additional  force,  it  might  be  said  that  the  executive  is 
as  much  the  executor  as  the  interpreter  of  treaties;  that  if  by 
virtue  of  the  first  character,  it  is  to  judge  of  the  obligations  of 
treaties,  it  is,  by  virtue  of  the  second,  equally  authorized  to 
carry  those  obligations  into  effect.  Should  there  occur,  for  ex- 
ample, a  casus  fcederis,  claiming  a  military  co-operation  of  the 
United  States,  and  a  military  force  should  happen  to  be  under 
the  command  of  the  executive,  it  must  have  the  same  right,  as 
executor  of  public  treaties,  to  employ  the  public  force,  as  it  has 

VOL.   I.  41 


642  WORKS    OF    MADISON.  1793. 

in  quality  of  interpreter  of  public  treaties  to  decide  whether  it 
ought  to  be  employed. 

The  case  of  a  treaty  of  peace  would  be  an  auxiliary  to  com- 
ments of  this  sort:  it  is  a  condition,  annexed  to  every  treaty, 
that  an  infraction  even  of  an  important  article,  on  one  side, 
extinguishes  the  obligations  on  the  other;  and  the  immediate 
consequence  of  a  dissolution  of  a  treaty  of  peace  is  a  restoration 
of  a  state  of  war.  If  the  executive  is  "  to  decide  on  the  obli- 
"  gation  of  the  nation  with  regard  to  foreign  nations;"  "  to 
"  pronounce  the  existing  condition  [in  the  sense  annexed  by  the 
"  writer]  of  the  nation  with  regard  to  them;  and  to  admonish 
"  the  citizens  of  their  obligations  and  duties,  as  founded  upon 
"  that  condition  of  things;"  "  to  judge  what  are  the  reciprocal 
"  rights  and  obligations  of  the  United  States,  and  of  all  and 
"  each  of  the  powers  at  war;"  add  that  if  the  executive,  more- 
over, possesses  all  powers  relating  to  war,  not  strictly  within 
the  power  to  declare  war,  which  any  pupil  of  political  casuistry 
could  distinguish  from  a  mere  relapse  into  a  war  that  had  been 
declared:  with  this  store  of  materials,  and  the  example  given 
of  the  use  to  be  made  of  them,  would  it  be  difficult  to  fabricate 
a  power  in  the  executive  to  plunge  the  nation  into  war,  when- 
ever a  treaty  of  peace  might  happen  to  be  infringed  ? 

But  if  any  difficulty  should  arise,  there  is  another  mode 
chalked  out,  by  which  the  end  might  clearly  be  brought  about, 
even  without  the  violation  of  the  treaty  of  peace;  especially  if 
the  other  party  should  happen  to  change  its  government  at  the 
crisis.  The  executive  could  suspend  the  treaty  of  peace  by  re- 
fusing to  receive  an  ambassador  from  the  new  government;  and 
the  state  of  war  emerges  of  course. 

This  is  a  sample  of  the  use  to  which  the  extraordinary  publi- 
cation we  are  reviewing  might  be  turned.  Some  of  the  infer- 
ences could  not  be  repelled  at  all.  And  the  least  regular  of 
them  must  go  smoothly  down  with  those  who  had  swallowed 
the  gross  sophistry  which  wrapped  up  the  original  dose. 

Every  just  view  that  can  be  taken  of  this  subject  admonishes 
the  public  of  the  necessity  of  a  rigid  adherence  to  the  simple, 
the  received,  and  the  fundamental  doctrine  of  the  constitution, 


1793.  HELVIDIUS,    NO.    IV.  543 

that  the  power  to  declare  war,  including  the  power  of  judging 
of  the  causes  of  war,  isfuRy  and  exclusively  vested  in  the  legis- 
lature; that  the  executive  has  no  right,  in  any  case,  to  decide 
the  question,  whether  there  is  or  is  not  cause  for  declaring  war; 
that  the  right  of  convening  and  informing  Congress,  whenever 
such  a  question  seems  to  call  for  a  decision,  is  all  the  right 
which  the  constitution  has  deemed  requisite  or  proper;  and  that 
for  such,  more  than  for  any  other  contingency,  this  right  was 
specially  given  to  the  executive. 

In  no  part  of  the  constitution  is  more  wisdom  to  be  found, 
than  in  the  clause  which  confides  the  question  of  war  or  peace 
to  the  legislature,  and  not  to  the  executive  department.  Beside 
the  objection  to  such  a  mixture  of  heterogeneous  powers,  the 
trust  and  the  temptation  would  be  too  great  for  any  one  man; 
not  such  as  nature  may  offer  as  the  prodigy  of  many  centuries, 
but  such  as  may  be  expected  in  the  ordinary  successions  of 
magistracy.  War  is,  in  fact,  the  true  nurse  of  executive  aggran- 
dizement. In  war,  a  physical  force  is  to  be  created,  and  it  is 
the  executive  will  which  is  to  direct  it.  In  war,  the  public 
treasures  are  to  be  unlocked,  and  it  is  the  executive  hand  which 
is  to  dispense  them.  In  war,  the  honors  and  emoluments  of 
office  are  to  be  multiplied;  and  it  is  the  executive  patronage 
under  which  they  are  to  be  enjoyed.  It  is  in  war,  finally,  that 
laurels  are  to  be  gathered;  and  it  is  the  executive  brow  they 
are  to  encircle.  The  strongest  passions  and  most  dangerous 
weaknesses  of  the  human  breast,  ambition,  avarice,  vanity,  the 
honorable  or  venial  love  of  fame,  are  all  in  conspiracy  against 
the  desire  and  duty  of  peace. 

Hence  it  has  grown  into  an  axiom  that  the  executive  is  the 
department  of  power  most  distinguished  by  its  propensity  to 
war;  hence  it  is  the  practice  of  all  States,  in  proportion  as  they 
are  free,  to  disarm  this  propensity  of  its  influence. 

As  the  best  praise,  then,  that  can  be  pronounced  on  an  execu- 
tive magistrate,  is  that  he  is  the  friend  of  peace — a  praise  that 
rises  in  its  value  as  there  may  be  a  known  capacity  to  shine  in 
war — so  it  must  be  one  of  the  most  sacred  duties  of  a  free 
people  to  mark  the  first  omen  in  the  society,  of  principles  that 


644  WORKS    OP    MADISON.  1793. 

may  stimulate  the  hopes  of  other  magistrates  of  another  pro- 
pensity, to  intrude  into  questions  on  which  its  gratification 
depends.  If  a  free  people  be  a  wise  people  also,  they  will  not 
forget  that  the  danger  of  surprise  can  never  be  so  great  as 
when  the  advocates  for  the  prerogative  of  war  can  sheathe  it  in 
a  symbol  of  peace. 

The  constitution  has  manifested  a  similar  prudence  in  re- 
fusing to  the  executive  the  sole  power  of  making  peace.  The 
trust  in  this  instance,  also,  would  be  too  great  for  the  wisdom, 
and  the  temptations  too  strong  for  the  virtue,  of  a  single 
citizen.  The  principal  reasons  on  which  the  constitution  pro- 
ceeded in  its  regulation  of  the  power  of  treaties,  including 
treaties  of  peace,  are  so  aptly  furnished  by  the  work  already 
quoted  more  than  once,  that  I  shall  borrow  another  comment 
from  that  source. 

"  However  proper  or  safe  it  may  be  in  a  government  where 
"  the  executive  magistrate  is  an  hereditary  monarch,  to  commit 
"  to  him  the  entire  power  of  making  treaties,  it  would  be 
"  utterly  unsafe  and  improper  to  entrust  that  power  to  an 
"  elective  magistrate  of  four  years'  duration.  It  has  been 
"  remarked  upon  another  occasion,  and  the  remark  is  unques- 
"  tionably  just,  that  an  hereditary  monarch,  though  often  the 
"  oppressor  of  his  people,  has  personally  too  much  at  stake  in 
"  the  government  to  be  in  any  material  danger  of  being  cor- 
"  rupted  by  foreign  powers;  but  that  a  man  raised  from  the 
"  station  of  a  private  citizen  to  the  rank  of  chief  magistrate, 
"  possessed  of  but  a  moderate  or  slender  fortune,  and  looking 
"  forward  to  a  period  not  very  remote  when  he  may  probably 
"  be  obliged  to  return  to  the  station  from  which  he  was  taken, 
"  might  sometimes  be  under  temptations  to  sacrifice  his  duty  to 
"  his  interest,  which  it  would  require  superlative  virtue  to  with- 
"  stand.  An  avaricious  man  might  be  tempted  to  betray  the 
"  interests  of  the  State  to  the  acquisition  of  wealth.  An  am- 
"  bitious  man  might  make  his  own  aggrandizement,  by  the  aid 
"  of  a  foreign  power,  the  price  of  his  treachery  to  his  constitu- 
"  ents.  The  history  of  human  conduct  does  not  warrant  that 
"  exalted  opinion  of  human  virtue  which  would  make  it  wise  in 


1793.  HELVIDIUS,    NO.    IV.  645 

"  a  nation  to  commit  interests  of  so  delicate  and  momentous  a 
"  kind  as  those  which  concern  its  intercourse  with  the  rest  of  the 
"  world  to  the  sole  disposal  of  a  magistrate  created  and  circum- 
"  stanced  as  would  be  a  president  of  the  United  States." — Fed- 
eralist, vol.  2,  p.  344.* 

I  shall  conclude  this  paper  and  this  branch  of  the  subject 
with  two  reflections,  which  naturally  arise  from  this  view  of  the 
constitution. 

The  first  is,  that  as  the  personal  interest  of  an  hereditary 
monarch  in  the  government  is  the  only  security  against  the 
temptation  incident  to  the  commitment  of  the  delicate  and 
momentous  interests  of  the  nation,  which  concerns  its  inter- 
course with  the  rest  of  the  world  to  the  disposal  of  a  single 
magistrate,  it  is  a  plain  consequence,  that  every  addition  that 
may  be  made  to  the  sole  agency  and  influence  of  the  executive, 
in  the  intercourse  of  the  nation  with  foreign  nations,  is  an  in- 
crease of  the  dangerous  temptation  to  which  an  elective  and 
temporary  magistrate  is  exposed;  and  an  argument  and  advance 
towards  the  security  afforded  by  the  personal  interests  of  an 
hereditary  magistrate. 

Secondly,  as  the  constitution  has  not  permitted  the  executive 
singly  to  conclude  or  judge  that  peace  ought  to  be  made,  it 
might  be  inferred  from  that  circumstance  alone  that  it  never 
meant  to  give  it  authority,  singly,  to  judge  and  conclude  that 
war  ought  not  to  be  made.  The  trust  would  be  precisely  simi- 
lar and  equivalent  in  the  two  cases.  The  right  to  say  that  war 
ought  not  to  go  on,  would  be  no  greater  than  the  right  to  say 
that  war  ought  not  to  begin.  Every  danger  of  error  or  cor- 
ruption incident  to  such  a  prerogative  in  one  case  is  incident  to 
it  in  the  other.  If  the  constitution,  therefore,  has  deemed  it 
unsafe  or  improper  in  the  one  case,  it  must  be  deemed  equally 
so  in  the  other  case. 

*  No.  75,  written  by  Mr.  Hamilton. 


646  WORKS    OF    MADISON.  1793. 


NUMBER  V. 

Having  seen  that  the  executive  has  no  constitutional  right  to 
interfere  in  any  question,  whether  there  be  or  be  not  a  cause  of 
war,  and  the  extensive  consequences  flowing  from  the  doctrines 
on  which  such  a  claim  has  been  asserted,  it  remains  to  be  inquired, 
whether  the  writer  is  better  warranted  in  the  fact  which  he 
assumes,  namely,  that  the  proclamation  of  the  executive  has 
undertaken  to  decide  the  question  whether  there  be  a  cause  of 
war  or  not,  in  the  article  of  guaranty  between  the  United  States 
and  France,  and  in  so  doing  has  exercised  the  right  which  is 
claimed  for  that  department. 

Before  I  proceed  to  the  examination  of  this  point,  it  may  not 
be  amiss  to  advert  to  the  novelty  of  the  phraseology,  as  well 
as  of  the  doctrines  espoused  by  this  writer.  The  source  from 
which  the  former  is  evidently  borrowed  may  enlighten  our  con- 
jectures with  regard  to  the  source  of  the  latter.  It  is  a  just 
observation,  also,  that  words  have  often  a  gradual  influence  on 
ideas,  and  when  used  in  an  improper  sense  may  cover  fallacies 
which  would  not  otherwise  escape  detection. 

I  allude  particularly  to  his  application  of  the  term  govern- 
ment to  the  executive  authority  alone.  The  proclamation  is  a 
"  manifestation  of  the  sense  of  the  government"  "  Why  did 
"  not  the  government  wait,"  &c.  "  The  policy  on  the  part  of 
"  the  government  of  removing  all  doubt  as  to  its  own  disposi- 
11  tion"*  "  It  was  of  great  importance  that  our  citizens  should 
"  understand  as  early  as  possible  the  opinion  entertained  by  the 
"  government"  &c.  "  If,  in  addition  to  the  rest,  the  early  mani- 
"  festation  of  the  views  of  the  government  had  any  effect  in 
"fixing  the  public  opinion"  &c.  The  reader  will  probably  be 
struck  with  the  reflection,  that  if  the  proclamation  really  pos- 
sessed the  character,  and  was  to  have  the  effects,  here  ascribed 
to  it,  something  more  than  the  authority  of  the  government,  in 

*  The  writer  ought  not  in  the  same  paper,  No.  VII,  to  have  said,  "  Had  the 
"  president  announced  his  own  disposition,  he  would  have  been  chargeable  with 
"  egotism,  if  not  presumption." 


1793.  HELVIDIUS,    NO.    V.  647 

the  writer's  sense  of  government,  would  have  been  a  necessary 
sanction  to  the  act;  and  if  the  term  "government"  be  removed", 
and  that  of  "president"  substituted,  in  the  sentences  quoted, 
the  justice  of  the  reflection  will  be  felt  with  peculiar  force. 
But  I  remark  only  on  the  singularity  of  the  style  adopted  by 
the  writer,  as  showing  either  that  the  phraseology  of  a  foreign 
government  is  more  familiar  to  him  than  the  phraseology  proper 
to  our  own,  or  that  he  wishes  to  propagate  a  familiarity  of  the 
former  in  preference  to  the  latter.  I  do  not  know  what  degree 
of  disapprobation  others  may  think  due  to  this  innovation  of 
language;  but  I  consider  it  as  far  above  a  trivial  criticism  to 
observe,  that  it  is  by  no  means  unworthy  of  attention,  whether 
viewed  with  an  eye  to  its  probable  cause  or  its  apparent  ten- 
dency. "  The  government "  unquestionably  means,  in  the 
United  States,  the  whole  government,  not  the  executive  part, 
either  exclusively  or  pre-eminently;  as  it  may  do  in  a  monarchy, 
where  the  splendor  of  prerogative  eclipses,  and  the  machinery 
of  influence  directs,  every  other  part  of  the  government.  In 
the  former  and  proper  sense,  the  term  has  hitherto  been  used 
in  official  proceedings,  in  public  discussions,  and  in  private 
discourse.  It  is  as  short  and  as  easy,  and  less  liable  to  mis- 
apprehension, to  say  the  executive  or  the  president,  as  to  say 
the  government.  In  a  word,  the  new  dialect  could  not  proceed 
either  from  necessity,  conveniency,  propriety,  or  perspicuity; 
and  being  in  opposition  to  common  usage,  so  marked  a  fondness 
for  it  justifies  the  notice  here  taken  of  it.  It  shall  no  longer 
detain  me,  however,  from  the  more  important  subject  of  the 
present  paper. 

I  proceed,  therefore,  to  observe,  that  as  a  "  proclamation,"  in 
its  ordinary  use,  is  an  address  to  citizens  or  subjects  only;  as 
it  is  always  understood  to  relate  to  the  law  actually  in  operation, 
and  to  be  an  act  purely  and  exclusively  executive,  there  can  be 
no  implication  in  the  name  or  the  form  of  such  an  instrument, 
that  it  was  meant  principally  for  the  information  of  foreign 
nations;  far  less  that  it  related  to  an  eventual  stipulation  on  the 
subject  acknowledged  to  be  within  the  legislative  province.  ' 

When  the  writer,  therefore,  undertook  to  engraft  his  new 


£48  WORKS    OF    MADISON.  1793. 

prerogative  on  the  proclamation  by  ascribing  to  it  so  unusual 
and  unimplied  a  meaning,  it  was  evidently  incumbent  on  him  to 
show  that  the  text  of  the  instrument  could  not  be  satisfied  by 
any  other  construction  than  his  own.  Has  he  done  this  ?  No. 
What  has  he  done  ?  He  has  called  the  proclamation  a  procla- 
mation of  neutrality;  he  has  put  his  own  arbitrary  meaning  on 
that  phrase,  and  has  then  proceeded  in  his  arguments  and  his 
inferences  with  as  much  confidence  as  if  no  question  was  ever 
to  be  asked,  whether  the  term  "  neutrality"  be  in  the  procla- 
mation, or  whether,  if  there,  it  could  justify  the  use  he  makes 
of  it. 

It  has  appeared  from  observations  already  made,  that  if  the 
term  "  neutrality"  was  in  the  proclamation,  it  could  not  avail 
the  writer  in  the  present  discussion;  but  the  fact  is,  no  such 
term  is  to  be  found  in  it,  nor  any  other  term  of  a  meaning 
equivalent  to  that,  in  which  the  term  neutrality  is  used  by 
him. 

There  is  the  less  pretext  in  the  present  case  for  hunting  after 
any  latent  or  extraordinary  object,  because  an  obvious  and 
legal  one  is  at  hand  to  satisfy  the  occasion  on  which  the 
proclamation  issued.  The  existence  of  war  among  several 
nations  with  which  the  United  States  have  an  extensive  inter- 
course; the  duty  of  the  executive  to  preserve  peace  by  enfor- 
cing its  laws  whilst  those  laws  continued  in  force;  the  danger 
that  indiscreet  citizens  might  be  tempted  or  surprised  by  the 
crisis  into  unlawful  proceedings,  tending  to  involve  the  United 
States  in  a  war  which  the  competent  authority  might  decide 
them  to  be  at  liberty  to  avoid,  and  which,  if  they  should  be 
judged  not  at  liberty  to  avoid,  the  other  party  to  the  eventual 
contract  might  be  willing  not  to  impose  on  them;  these  surely 
might  have  been  sufficient  grounds  for  the  measure  pursued  by 
the  executive;  and  being  legal  and  rational  grounds,  it  would 
be  wrong,  if  there  be  no  necessity  to  look  beyond  them. 

If  there  be  anything  in  the  proclamation  of  which  the  writer 
could  have  made  a  handle,  it  is  the  part  which  declares  the  dis- 
position, the  duty,  and  the  interest  of  the  United  States,  in  rela- 
tion to  the  war  existing  in  Europe.  As  the  legislature  is  the 


1793-  HELVIDIUS,    NO.    V. 

only  competent  and  constitutional  organ  of  the  will  of  the 
nation,  that  is,  of  it*  disposition,  its  duty,  and  its  interest,  in 
relation  to  a  commencement  of  war,  in  like  manner  as  the 
president  and  senate  jointly,  not  the  president  alone,  are  in  rela- 
tion to  peace,  after  war  has  been  commenced,  I  will  not  dissem- 
ble my  wish  that  a  language  less  exposed  to  criticism  had  been 
preferred;  but  taking  the  expressions,  in  the  sense  of  the  writer 
himself,  as  analogous  to  the  language  which  might  be  proper 
on  the  reception  of  a  public  minister  or  any  similar  occasion,  it 
is  evident  that  his  construction  can  derive  no  succour  even  from 
this  source. 

If  the  proclamation,  then,  does  not  require  the  construction 
which  this  writer  has  taken  the  liberty  of  putting  on  it,  I  leave 
it  to  be  decided  whether  the  following  considerations  do  not 
forbid  us  to  suppose  that  the  president  could  have  intended,  by 
that  act,  to  embrace  and  prejudge  the  legislative  question, 
whether  there  was,  or  was  not,  under  the  circumstances  of  the 
case,  a  cause  of  war  in  the  article  of  guaranty. 

It  has  been  shown  that  such  an  intention  would  have  usurped 
a  prerogative  not  vested  in  the  executive,  and  even  confessedly 
vested  in  another  department. 

In  exercising  the  constitutional  power  of  deciding  a  question 
of  war,  the  legislature  ought  to  be  as  free  to  decide,  according 
to  its  own  sense  of  the  public  good,  on  one  side  as  on  the  other 
side.  Had  the  proclamation  prejudged  the  question  on  either  side 
and  proclaimed  its  decision  to  the  world,  the  legislature,  instead 
of  being  as  free  as  it  ought,  might  be  thrown  under  the  dilemma 
of  either  sacrificing  its  judgment  to  that  of  the  executive,  or, 
by  opposing  the  executive  judgment,  of  producing  a  relation 
between  the  two  departments  extremely  delicate  among  our- 
selves, and  of  the  worst  influence  on  the  national  character  and 
interests  abroad.  A  variance  of  this  nature,  it  will  readily  be 
perceived,  would  be  very  different  from  a  want  of  conformity 
to  the  mere  recommendations  of  the  executive  in  the  measures 
adopted  by  the  legislature. 

It  does  not  appear  that  such  a  proclamation  could  have  even 
pleaded  any  call,  from  either  of  the  parties  at  war  with  France, 


650  WORKS    OF    MADISON.  1793. 

for  an  explanation  of  the  light  in  which  the  guaranty  was 
viewed.  Whilst,  indeed,  no  positive  indication  whatever  was 
given  of  hostile  purposes,  it  is  not  conceived  that  any  power 
could  have  decently  made  such  an  application,  or  if  it  had,  that 
a  proclamation  would  have  been  either  a  satisfactory  or  an 
honorable  answer.  It  could  not  have  been  satisfactory,  if 
serious  apprehensions  were-  entertained,  because  it  would  not 
have  proceeded  from  that  authority  which  alone  could  defini- 
tively pronounce  the  will  of  the  United  States  on  the  subject. 
It  would  not  have  been  honorable,  because  a  private  diplomatic 
answer  only  is  due  to  a  private  diplomatic  application;  and  to 
have  done  so  much  more  would  have  marked  a  pusillanimity 
and  want  of  dignity  in  the  executive  magistrate. 

But  whether  the  executive  was  or  was  not  applied  to,  or 
whatever  weight  be  allowed  to  that  circumstance,  it  ought 
never  to  be  presumed,  that  the  executive  would  so  abruptly,  so 
publicly,  and  so  solemnly,  proceed  to  disclaim  a  sense  of  the 
contract,  which  the  other  party  might  consider  and  wish  to  sup- 
port by  discussion,  as  its  true  and  reasonable  import.  It  is 
asked,  indeed,  in  a  tone  that  sufficiently  displays  the  spirit  in 
which  the  writer  construes  both  the  Proclamation  and  the 
treaty,  "Did  the  executive  stand  in  need  of  the  logic  of  a  for- 
"  eign  agent  to  enlighten  it  as  to  the  duties  or  the  interests  of 
"  the  nation ;  or  was  it  bound  to  ask  his  consent  to  a  step  which 
"  appeared  to  itself  consistent  with  the  former,  and  conducive 
"  to  the  latter?  The  sense  of  treaties  was  to  be  learnt  from  the 
"  treaties  themselves."  Had  he  consulted  his  Vattel,  instead 
of  his  animosity  to  France,  he  would  have  discovered  that  how- 
ever humiliating  it  might  be  to  wait  for  a  foreign  logic,  to  as- 
sist the  interpretation  of  an  act  depending  on  the  national  au- 
thority alone,  yet  in  the  case  of  a  treaty,  which  is  as  much  the 
treaty  of  a  foreign  nation,  as  it  is  ours;  and  in  which  foreign 
duties  and  rights  are  as  much  involved  as  ours,  the  sense  of  the 
treaty,  though  to  be  learnt  from  the  treaty  itself,  is  to  be  equally 
learned  by  both  parties  to  it.  Neither  of  them  can  have  a  right 
more  than  the  other,  to  say  what  a  particular  article  means; 
and  where  there  is  equality  without  a  judge,  consultation  is  as 


1793.  HELVIDIUS,    NO.    V. 


651 


consistent  with  dignity  as  it  is  conducive  to  harmony  and 
friendship;  let  Vattel,  however,  be  heard  on  the  subject. 

"The  third  general  maxim,  or  principle,  on  the  subject  of  in- 
"  terpretation  [of  Treaties]  is:  that  neither  the  one  nor  the  other 
"  of  the  interested  or  contracting  powers  has  a  right  to  interpret 
11  the  act  or  treaty  at  its  pleasure.  For  if  you  are  at  liberty  to 
"  give  my  promise  what  sense  you  please,  you  will  have  the 
"  power  of  obliging  me  to  do  whatever  you  have  a  mind,  con- 
"  trary  to  my  intention,  and  beyond  my  real  engagement:  and 
"  reciprocally,  If  I  am  allowed  to  explain  my  promises  as  1 
"  please,  I  may  render  them  vain  and  iUusive,  by  giving  them  a 
"  seme  quite  different  from  that  in  which  they  were  presented  to 
"  you,  and  in  which  you  must  have  taken  them  in  accepting  them." 
Vat.,  B.  II,  c.  vii,  §  265. 

The  writer  ought  to  have  been  particularly  sensible  of  the 
improbability  that  a  precipitate  and  ex  parte  decision  of  the 
question  arising  under  the  guaranty,  could  have  been  intended 
by  the  proclamation.  He  had  but  just  gone  through  his  under- 
taking, to  prove  that  the  article  of  guaranty  like  the  rest  of  the 
treaty  is  defensive,  not  offensive.  He  had  examined  his  books 
and  retailed  his  quotations,  to  shew  that  the  criterion  between 
the  two  kinds  of  war  is  the  circumstance  of  priority  in  the  at- 
tack. He  could  not  therefore  but  know,  that  according  to  his 
own  principles,  the  question  whether  the  United  States  were 
under  an  obligation  or  not  to  take  part  in  the  war,  was  a  ques- 
tion of  fact  whether  the  first  attack  was  made  by  France  or  her 
enemies.  And  to  decide  a  question  of  fact,  as  well  as  of  prin- 
ciple, without  waiting  for  such  representations  and  proofs,  as  the 
absent  and  interested  party  might  have  to  produce,  would  have 
been  a  proceeding  contrary  to  the  ordinary  maxims  of  justice,  and 
requiring  circumstances  of  a  very  peculiar  nature,  to  warrant  it 
towards  any  nation.  Towards  a  nation  which  could  verify  her 
claim  to  more  than  bare  justice  by  our  own  reiterated  and  for- 
mal acknowledgments,  and  which  must  in  her  present  singular 
and  interesting  situation  have  a  peculiar  sensibility  to  marks 
of  our  friendship  or  alienation,  the  impropriety  of  such  a  pro- 


652  WORKS    OF    MADISON.  1793. 

ceeding  would  be  infinitely  increased,  and  in  the  same  propor- 
tion the  improbability  of  its  having  taken  place. 

There  are  reasons  of  another  sort  which  would  have  been  a 
bar  to  such  a  proceeding.  It  would  have  been  as  impolitic  as 
it  would  have  been  unfair  and  unkind. 

If  France  meant  not  to  insist  on  the  guaranty,  the  measure, 
without  giving  any  present  advantage,  would  have  deprived  the 
United  States  of  a  future  claim  which  may  be  of  importance  to 
their  safety.  It  would  have  inspired  France  with  jealousies  of 
a  secret  bias  in  this  country  toward  some  of  her  enemies,  which 
might  have  left  in  her  breast  a  spirit  of  contempt  and  revenge 
of  which  the  effects  might  be  felt  in  various  ways.  It  must  in 
particular  have  tended  to  inspire  her  with  a  disinclination  to 
feed  our  commerce  with  those  important  advantages  which  it 
already  enjoys,  and  those  more  important  ones,  which  it  anx- 
iously contemplates.  The  nation  that  consumes  more  of  the 
fruits  of  our  soil  than  any  other  nation  in  the  world,  and  sup- 
plies the  only  foreign  raw  material  of  extensive  use  in  the  Uni- 
ted States,  would  not  be  unnecessarily  provoked  by  those  who 
understand  the  public  interest,  and  make  it  their  study,  as  it  is 
their  interest  to  advance  it. 

I  am  aware  that  the  commonplace  remark  will  be  interposed, 
that,  "commercial  privileges  are  not  worth  having,  when  not 
"  secured  by  mutual  interest;  and  never  worth  purchasing  be- 
"  cause  they  will  grow  of  themselves  out  of  a  mutual  interest." 
Prudent  men,  who  do  not  suffer  their  reason  to  be  misled  by 
their  prejudices,  will  view  the  subject  in  a  juster '  light.  They 
will  reflect,  that  if  commercial  privileges  are  not  worth  pur- 
chasing, they  are  worth  having  without  purchase;  that  in  the 
commerce  of  a  great  nation,  there  are  valuable  privileges  which 
may  be  granted  or  not  granted,  or  granted  either  to  this  or  that 
country,  without  any  sensible  influence  on  the  interest  of  the 
nation  itself;  that  the  friendly  or  unfriendly  disposition  of  a 
country,  is  always  an  article  of  moment  in  the  calculations  of  a 
comprehensive  interest;  that  some  sacrifices  of  interest  will  be 
made  to  other  motives,  by  nations  as  well  as  by  individuals, 


1793.  HELVIDIUS,    NO.    V.  553 

though  not  with  the  same  frequency,  or  in  the  same  proportions; 
that  more  of  a  disinterested  conduct  or  of  a  conduct  founded  on 
liberal  views  of  interest,  prevails  in  some  nations  than  in  others; 
that  as  far  as  can  be  seen  of  the  influence  of  the  revolution  on 
the  genius  and  the  policy  of  France,  particularly  with  regard 
to  the  United  States,  everything  is  to  be  hoped  by  the  latter 
on  this  subject,  which  one  country  can  reasonably  hope  from 
another.  In  this  point  of  view  a  greater  error  .could  not  have 
been  committed  than  in  a  step,  that  might  have  turned  the  pres- 
ent disposition  of  France  to  open  her  commerce  to  us  as  far  as 
a  liberal  calculation  of  her  interest  would  permit,  and  her 
friendship  towards  us,  and  confidence  in  our  friendship  towards 
her,  could  prompt,  into  a  disposition  to  shut  it  as  closely  against 
us  as  the  united  motives  of  interest,  of  distrust,  and  of  ill-will, 
could  urge  her. 

On  the  supposition  that  France  might  intend  to  claim  the 
guaranty,  a  hasty  and  harsh  refusal  before  we  were  asked,  on 
a  ground  that  accused  her  of  being  the  aggressor  in  the  war 
against  every  power  in  the  catalogue  of  her  enemies,  and  in  a 
crisis  when  all  her  sensibility  must  be  alive  towards  the  United 
States,  would  have  given  every  possible  irritation  to  a  disap- 
pointment which  every  motive  that  one  nation  could  feel  towards 
another  and  towards  itself,  required  to  be  alleviated  by  all  the 
circumspection  and  delicacy  that  could  be  applied  to  the  occa- 
sion. 

The  silence  of  the  Executive  since  the  accession  of  Spain  and 
Portugal  to  the  war  against  France  throws  great  light  on  the 
present  discussion.  Had  the  proclamation  been  issued  in  the 
sense,  and  for  the  purposes  ascribed  to  it,  that  is  to  say,  as  a 
declaration  of  neutrality,  another  would  have  followed,  on  that 
event.  If  it  was  the  right  and  duty  of  the  Government,  that  is, 
the  President,  to  manifest  to  Great  Britain  and  Holland,  and 
to  the  American  merchants  and  citizens,  his  sense,  his  disposition, 
and  his  views  on  the  question,  whether  the  United  States  were 
under  the  circumstances  of  the  case,  bound  or  not,  to  execute  the 
clause  of  guaranty,  and  not  to  leave  it  uncertain  whether  the  Ex- 
ecutive did  or  did  not  believe  a  state  of  neutrality,  to  be  consist- 


654  WORKS    OF    MADISON.  1793. 

ent  with  our  treaties,  the  duty  as  well  as  the  right  prescribed  a 
similar  manifestation  to  all  the  parties  concerned  after*  Spain 
and  Portugal  had  joined  the  other  maritime  enemies  of  France. 
The  opinion  of  the  Executive  with  respect  to  a  consistency  or 
inconsistency  of  neutrality  with  treaties  in  the  latter  case,  could 
not  be  inferred  from  the  proclamation  in  the  former,  because 
the  circumstances  might  be  different.  Taking  the  proclamation 
in  its  proper  sense,  as  reminding  all  concerned,  that  as  the  Uni- 
ted States  were  at  peace,  (that  state  not  being  affected  by  for- 
eign wars,  and  only  to  be  changed  by  the  legislative  authority 
of  the  country,)  the  laws  of  peace  were  still  obligatory  and  would 
be  enforced,  and  the  inference  is  so  obvious  and  so  applicable 
to  all  other  cases  whatever  circumstances  may  distinguish  them, 
that  another  proclamation  would  be  unnecessary.  Here  is  a 
new  aspect  of  the  whole  subject,  admonishing  us  in  the  most 
striking  manner  at  once  of  the  danger  of  the  prerogative  con- 
tended for,  and  the  absurdity  of  the  distinctions  and  arguments 
employed  in  its  favour.  It  would  be  as  impossible  in  practice, 
as  it  is  in  theory,  to  separate  the  power  of  judging  and  conclu- 
ding that  the  obligations  of  a  treaty  do  not  impose  war  from 
that  of  judging  and  concluding  that  the  obligations  do  impose 
war.  In  certain  cases,  silence  would  proclaim  the  latter  con- 
clusion, as  intelligibly  as  words  could  do  the  former.  The 
writer  indeed  has  himself  abandoned  the  distinction  in  his  Vllth 
paper,  by  declaring  expressly  that  the  object  of  the  proclama- 
tion would  have  been  defeated  "  by  leaving  it  uncertain  whether 
"  the  Executive  did  or  did  not  believe  a  state  of  neutrality  to 
"  be  consistent  with  our  treaties." 

HELVIDIUS. 


*  The  writer  is  betrayed  into  an  acknowledgment  of  this  in  his  7th  No.,  where 
he  applies  his  reasoning  to  Spain  as  well  as  to  Great  Britain  and  Holland.  He 
had  forgotten  that  Spain  was  not  included  in  the  proclamation. 


INDEX 


TO 


LETTERS  CONTAINED  IN  VOL,  I, 


B. 

To  WILLIAM  BRADFORD,  JR. 

9  November,  1772  - 
28  April,  1773  - 

6  September,  "  - 
20  January,  1774  - 

1  April,  "    - 

1  July,  "    - 
20  January,      1775  - 

To  JOHN  BROWN. 
23  August,       1785  - 

E. 

To  GEORGE  EVE. 

2  January,     1789  - 

F. 

To  MARQUIS  FATETTE. 
20  March,         1785  - 

J. 

To  THOMAS  JEFFERSON. 
11  February,    1783  - 


«i 


16  March,         1784  - 
25  April, 

15  May, 

3  July, 
20  August, 

7  September, 
15  September, 

11  October, 

17  October, 

9  January,      1785  - 
27  April, 
20  August, 

3  October, 
15  November, 

22  January,      1786  - 

18  March, 

12  May, 

12  August, 

4  December, 

15  February,    1787- 


PAGE. 

To  THOMAS  JEFFERSON. 

19  March,         1787  - 

5 

23  April, 

7 

15  May, 

. 

9 

6  June, 

. 

•      10 

18  July, 

•      13 

6  September, 

. 

•      15 

24  October, 

•      17 

9  December, 

19  February,    17 

88- 

177 

22  April, 

• 

24  July, 

10  August, 

-   . 

446 

23  August, 
21  September, 

8  October, 

17  October, 

136 

8  December, 

<  . 

12  December, 

• 

29  March,         17 

89- 

9  May, 

. 

62 

23  May, 

. 

68 

27  May, 

*    . 

•      77 

13  June, 

80 

30  June, 

. 

86 

24  January,      17 

0- 

90 

4  February, 

• 

•      99 

14  February, 

*•    • 

•    101 

8  March, 

•    . 

•    102 

1  May,            17 

91- 

•    104 

12  May, 

"« 

•    122 

23  June, 

•    145 

27  June, 

• 

173 

10  July, 

•    195 

13  July, 

*•    • 

•    202 

4  August, 

*•    • 

•    211 

8  August, 

r.  « 

•    224 

12  June,           17 

92- 

-    230 

12  April,          17 

03- 

•    242 

8  May, 

1    • 

•    259 

27  May, 

•    272 

13  June, 

• 

PAGE. 

•  284 

•  319 

•  328 

•  330 

•  333 

•  337 

•  343 

•  362 

•  376 

•  387 

•  404 

•  407 

•  410 

•  417 

•  420 

•  421 

•  441 

•  446 

•  457 

•  465 

•  470 

•  471 

•  475 

•  479 

•  501 

•  503 

•  507 

•  511 

•  534 

•  535 

•  537 

•  537 

•  638 

•  539 

•  549 

•  541 

•  560 

•  576 

•  578 

•  679 

•  580 


656 


INDEX    TO    LETTERS    IN    VOL.    I. 


To  THOMAS  JEFFERSON. 


17  June, 

19  June, 

29  June, 

18  July, 
22  July, 

30  July, 

5  August, 
11  August, 

20  August, 
22  August, 
27  August, 

2  September, 


1793- 


L. 


To  HENRY  LEE. 

13  April,  1790- 

18  December,  1791  - 

29  January,      1792  - 
12  February,       "    - 
28  March,  "    - 

15  April,  "... 
To  RICHARD  HENRY  LEE. 

25  December,  1784  - 

7  July,  1785- 

FROM  R.  H.  LEE  and  W.  GRAYSON 
to  the  Legislature  of  Vir- 
ginia -  -  -  -  - 

M. 

To  JAMES  MADISON,  SENIOR. 

23  July,  1770  - 

9  October,      1771  - 

27  June,  1776- 

March,         1777- 

23  January,      1778  -        -       - 
6  March,  «    -        -        - 

8  December,  1779- 
20  March,          1780- 

1  August,  1781  - 

12  February,  1782  - 

30  March  "    - 
1  January,  1783  - 

12  February,  "  - 

27  May,  "... 

5  June,  "    -        - 

5  June,  1784- 

27  November,  "  - 

1  November,  1786  - 

16  November,     "    - 

24  November,     "    -       -       - 
12  December,     "    - 

25  February,    1787- 
1  April,  "    - 

27  May,  "    - 

28  July,  "    - 
4  September,    "    - 

30  September,    "    - 


AGE. 

PAGE. 

To  JAMES  MADISON,  SENIOR. 

583 

20  June,            1788  - 

-    400 

584 

27  July,               "    - 

-    406 

585 

5  July,            1789  - 

-    485 

585 

23  January,      1791  - 

-    527 

586 

13  February,       "     - 

-    529 

588 

To  REV.  THOMAS  MARTIN. 

590 

30  September,  1769  - 

1 

591 

To  PHILIP  MAZZEI. 

593 

7  July,             1781  - 

-      44 

594 

10  December,  1788- 

-    444 

595 

To  JAMES  MONROE. 

596 

November,  1784  - 

-    107 

14  November,     "     - 

-    108 

27  November,     "    - 

-     109 

4  December,      "    - 

-    112 

515 

17  December,      "     - 

-    114 

543 

24  December,      "    - 

-    114 

547 

8  January,      1785  - 

-     120 

547 

21  March,            "    - 

-    141 

551 

12  April,             "    - 

-    143 

653 

28  April,             "    - 

-     152 

29  May,               "    - 

-     153 

117 

21  June,              "    - 

-     155 

157 

7  August,           "    - 

-     169 

9  December,      "    - 

-    203 

24  December,      "    - 

-    208 

499 

30  December,     "    - 

-    210 

22  January,      1786  - 

-    221 

19  March,           "    - 

-    228 

9  April,            "    - 

-    229 

4 

13  May,               "    - 

-    237 

4 

4  June,              "    - 

-    238 

21 

21  June,              "    - 

-    239 

28 

15  August,          "    - 

-    248 

30 

17  August,           "    - 

-    248 

31 

11  September,    "    - 

-    249 

32 

5  October,         "    - 

-    250 

34 

30  October,         "    - 

-    251 

50 

21  December,      "    - 

-    266 

58 

19  April,           1787  - 

-    315 

59 

13  May,            1789  - 

-    469 

61 

9  August,          "    - 

-    489 

61 

17  April,          1790  - 

-    517 

64 

Uune,              "    - 

-    519 

65 

17  June,              "    - 

-    520 

81 

4  July,              "    - 

-    521 

112 

24  July,              "    - 

-    522 

254 

15  September,  1793  - 

-    601 

257 

29  October,        "    - 

-    605 

257 

265 

P. 

280 

To  EDMUND  PENDLETON. 

286 

3  October,      1780  - 

-      34 

329 

10  October,         "    - 

-      35 

335 

14  November,     "    - 

-      37 

336 

21  November,     "    - 

-      38 

341 

5  December,     "    - 

-      39 

INDEX    TO    LETTERS    IN    VOL.    I. 


657 


PAGE. 


PAGE. 


To  EDMUND  PENDLETON. 

To  EDMUND  RANDOLPH. 

December,  1780  - 

-      40 

24  June,           1789  - 

-    479 

23  January,      1781  - 

-      41 

15  July,              "    - 

-    488 

February,       "    - 

-      42 

21  August,          "    - 

-    490 

18  September,    "    - 

-      51 

14  March,         1790  - 

-    511 

2  October,         "    - 

-      52 

21  March,            "    - 

-    512 

9  October,        "    - 

-      52 

30  March,            "    - 

-    513 

16  October,         "    - 

-      54 

19  May,               "    - 

-    518 

27  November,     '•    - 

-      56 

13  September,  1792  - 

-    569 

11  December,     "    - 

-      57 

To  BENJAMIN  RUSH. 

25  December,     "    - 

-      58 

7  March,         1790  - 

-    509 

9  January,      1787  - 

-    269 

T 

24  February,      "    - 
22  April,             "    - 
27  May               "    - 

-    278 
-    316 
-    328 

X  • 

TO  G.  L.  TURBERVILLE. 

2  November,  1788- 

-    433 

20  September,     "    - 

-    340 

W. 

28  October          "    - 

-    358 

21  February,    1788  - 

-    381 

To  GEORGE  WASHINGTON. 

3  March,            "    - 

-    382 

29  April,          1783  - 

-      64 

20  October,        "    - 

-    428 

2  July,            1784  - 

-      85 

8  April,           1789  - 

-    461 

1  January,      1785  - 

-    119 

19  April,             "    - 

-    464 

11  November,     "    - 

-    199 

17  May,               "    - 

-    470 

9  December,     "    - 

-    205 

21  June,              "    - 

-    477 

1  November,  1786  - 

-    252 

15  July,              "    - 

-    487 

8  November,      '    - 

-    253 

14  September,    "    - 

-    491 

7  December,      '    - 

-    263 

23  September,     "    - 
4  April,           1790  - 

-    492 
-    514 

24  December,       '    - 
21  February,    1787  - 

-    267 
-    276 

13  April,             "    - 

-    517 

18  March,             '    - 

-    281 

2  May,               "    - 

-    518 

16  April,              '    - 

-    287 

22  June, 

-    520 

14  October,          '    - 

-    342 

2  January,      1791  - 

-    523 

18  November,      '    - 

-    360 

13  February,       "    - 
15  December,      "     - 
21  January,      1792  - 
21  February,       "     - 
25  March,            "     - 

-    528 
-    543 
-    545 
-    548 
-    549 

20  November,      '    - 
7  December,       '    - 
14  December,       '    - 
26  December,      "    - 
14  January,      1788  - 

-    361 
-    362 
-    367 
-    368 
-    369 

9  April,             "     - 

-    552 

25  January,        "    - 

-    370 

16  November,     "    - 

-    571 

28  January,        "    - 

-    372 

6  December,      "    - 

-    572 

1  February,       "     - 

-    373 

10  December,     "    - 
23  February,    1793  - 
To  ROBERT  PLEASANTS. 

-    573 

-    574 

8  February,      "    - 
11  February,      "    - 
15  February,      "    - 

-    374 
-    375 
-    376 

30  October,      1791  - 

-    542 

20  February,       "    - 
3  March,            "     - 

-    379 
-    383 

B. 

10  April,              '    - 

-    384 

To  EDMUND  RANDOLPH. 

4  June, 

-    398 

1  May,            1781  - 

-      43 

13  June,              '    - 

-    399 

10  March,          1784  - 

-      66 

18  June,              '    - 

-    400 

10  March,          1785  - 

-    135 

23  June, 

-    401 

26  July,               "    - 

-    159 

25  June,              '    - 

-    401 

10  April,           1788  - 

-    385 

27  June,               '    - 

-    402 

23  November,     "    - 

-    438 

21  July,               '    - 

-    403 

1  March,         1789  - 

-    450 

15  August, 

-    409 

12  April,             "     - 

-    463 

24  August,           '     - 

-    412 

10  May,               "     - 

-    467 

14  September,     '    - 

-    416 

31  May,               "    - 

-    473 

21  October,         '    - 

•    429 

17  June,              "    - 

-    476 

5  November,      '    - 

-    436 

VOL.  i.               42 

658 


INDEX    TO    LETTERS    IN    VOL.    I. 


To  GEORGE  WASHINGTON. 

2  December,  1788-  -  -  439 

14  January,  1789-  -  -  448 

5  March,           «    -  -  -  451 

8  March,           «    -  -  .  452 

19  March,           «    -  -  -  453 

26  March,  «...  454 


To  GEORGE  WASHINGTON. 
6  April,  "    - 

20  November,     "    - 
5  December,      "    - 
4  January,      1790  - 

21  June,  1792  - 
24  October,      1793  - 


PAGE. 

-  461 

-  494 

-  496 

-  500 

-  563 

-  602 


THE  r.T 

LOS  ANGELES 


3  1158  00245  3586 


